DHARMA BHAIDKAR SHIVA Vs. STATE

JUDGEMENT

(1.) THE Appellants stand convicted by the Additional Sessions Judge, Panaji, in Sessions Case No. 33/98, vide Judgment dated-6th December, 1999, for the aforesaid offences. THE Appellant No. 1, Dharma Bhaidkar, the Appellant No. 2, Subhash Bhaidkar, the Appellant No. 3, Rajesh Bhaidkar, the Appellant No. 4, Avinash Bandarkar, the Appellant No. 5, Dhillon Bhaidkar, the Appellant No. 6, Vishwas Bhaidkar, the Appellant No. 7, Jaiwant Bhaidkar, the Appellant No. 8, Gunaji Bhaidkar, the Appellant No. 9, Madhukar Parsekar, the Appellant No. 10, Harischandra Parsekar the Appellant No. 11, Kanchan Kalshavkar stand convicted for an offence punishable under Sections 143, 147, 148 r/w 149 of the Indian Penal Code and each are sentenced to pay a fine of Rs. 500/- and the aforesaid Appellants are also convicted for an offence punishable under Section447 of the Indian Penal Code and each are sentenced to pay fine of Rs. 500/-, in default (a) to undergo S. I, for one month, (b) the Appellant Nos. 1 to 3, 4 and 10 have been convicted for an offence punishable under Section323 of the Indian Penal Code and each are sentenced to pay a fine of Rs. 500/-, in default to underto S. I, for fifteen days. THE above Appellants also stand convicted for an offence punishable under Section324 of the Indian Penal Code and are sentenced for a term of six months and each Appellant to pay a fine of Rs. 500/-, in default S. I, for fifteen days, (c) THE Appellant No. 9, has been convicted for an offence punishable under Section326 of the Indian Penal Code and is sentenced to suffer R. I, for five years and to pay fine of Rs. 1000/-, in default S. I, for two months, (d) the Appellant Nos. 1, 2 and 9 have been convicted and sentenced to undergo R. I, for one month for an offence punishable under Section506 r/w 149 of the Indian Penal Code.

(2.) THE above conviction and sentence of the Appellants, as passed againsst them by the learned Trial Court, is assailed before me in this Criminal Appeal.

(3.) ON 17th June, 1998, P. W.14, Nandakishore Raikar, drew the scene of offence panchanama in the presence of P. W.1, Devidas Patekar. The scene of offence panchanama is at Exh. 7 colly. The spot had been pointed out by P.W.5, Babaji Kalshaonkar, and four dandas, one iron road and one showel were seized. The danda, bamboo sticks and showel were found not to be stained with blood. The scene of offence was in the open field which is located near the well in front of the house of P.W.5, Babaji Kalshaonkar. ON the same day, the Investigating Officer recorded the statement of P. W.11, Sidharth Kalshaonkar and P.W.3, Prakash Kalshaonkar.