STATE OF MAHARASHTRA Vs. MANDEO HARIBHAU DAYARE

JUDGEMENT

(1.) Through this appeal, preferred under Sec. 378(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.), the State of Maharashtra impugned the judgment and order dtd. 5/9/2006 passed by the Additional Sessions Judge, Wardha in Sessions Trial No. 69/2005, acquitting the respondents for the offence punishable under Ss. 302, 324 read with Sec. 34 of the Indian Penal Code, 1860 (IPC).

(2.) In short, the prosecution case runs as under :- On 23/2/2005 at about 9'O Clock in the night Rajkumar came to his house for going out. His wife Manisha(PW4) and motherShobha (PW3) were in front of his house. Namdeo (accused no.1) was digging a hole in front of his house and Girish(accused nos.3) and Shamrao (accused no.4) were standing alongwith Namdeo(accused no.1). Rajkumar asked Namdeo(accused no.1) as to why he was digging a hole in the deep hours in the night, upon which Namdeo(accused no.1) questioned Rajkumar as to how he has the authority to ask and suddenly gave a blow of crow-bar on the head of Rajkumar. Rajkumar fell down due to hitting of crow-bar. The informant-Shobha(PW3) and Manisha(PW4) tried to intervene but, both of them were beaten by the accused. Even after Rajkumar fell down on the ground, the accused continued to beat him mercilessly and Rajkumar died on the spot. The accused beat Rajkumar, using weapons like crow-bar, stick and stones, who succumbed to the injuries received by him because of a brutal assault.

(3.) Shobha(PW3) immediately went to the Police Outpost Rohane but, no one was present in the Outpost and therefore, Shobha (PW3) returned. At around 10.00 p.m., Police Van came at the spot of incident and took Shobha(PW3) and deceased-Rajkumar to the hospital at Pulgaon. Shobha(PW3) launched the First Information Report (FIR) at 0.45 a.m. on 24/2/2005. Dhanraj Ghondmode(PW7)- Investigating Officer (I.O.) started an investigation. The I.O. prepared Spot Panchnama and recorded statements of witnesses and arrested the accused. While the accused were in custody, recovery of incriminating articles including blood-stained clothes of the accused, weapons stained with blood was recovered. After completing the investigation, charge-sheet came to be filed against the accused.