BABAN MAROTRAO THAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were convicted and sentenced for life under section 302 read with section 34 of Indian Penal Code and also to pay a fine of Rs. 500/- in default R. I. for 2 months each. The accused Nos. 1 to 3 in Sessions Trial No. 24 of 1993 are the appellants. They were tried for the aforesaid offence alongwith acquitted accused Sanjay Madhukar Gadge (accused No. 4 ). Accused Nos. 5 and 6 were also implicated for the offence under section 120-B of the Indian Penal Code. However, accused Nos. 4 to 6 were acquitted of their offence by the trial Court.

(2.) IT is the case of the prosecution that there was an enmity between deceased Katheshwar and accused No. 6 Bhaskar Marotrao Thakre and accused Nos. 1 to 5 are the nearest relatives of accused No. 6. On 13-10-1992 Police Head Constable Wahane was on duty on S. T. Bus Stand Karanja at about 8 to 8. 15 a. m. He heard the shouts from outside the main gate of the bus stand. He rushed towards the main gate and saw the three persons namely Baban, Rajendra and Ganesh were assaulting Katheshwar by means of knife. Deceased fell down on the ground in a pool of blood. On hearing the shouts of Wahane all of the accused ran away alongwith the knife. Wahane then tried to lift Katheshwar but he could not do so. Katheshwar was not able to speak and he could not move. There were numerable injuries on his person. His clothes were stained with blood. Immediately Wahane has given a phone message of the incident about 8. 30 a. m. to Police Station Karanja which was received by Head Constable Madhukar. He has taken the entry of the phone message in the Station Diary vide Ex. 114 and subsequently P. C. Wahane had lodged the complaint of the incident which was treated as First Information Report in this case (Ex. 104 ). It is the further case of the prosecution that Baban, Rajendra and Ganesh surrendered to the Police Station with the knife immediately. There upon Wahane arrested them under the arrest panchanama. He also seized 4 S. T. tickets from the accused Baban. Knifes were blood stained. They wore clothes having blood stains and there were injuries on the hands of Baban and Rajendra. Police Inspector Rathod who has investigated the offence rushed to the spot alongwith other staff. The dead body of Katheshwar was lying on the bus stop. Inquest of the dead body was done in the presence of the panchas. He also prepared a spot panchanama. He seized blood mixed earth and 3 pairs of chappals lying on the spot. Then the dead body was sent for postmortem alongwith other articles. Dr. Khatri performed the postmortem and report (Ex. 135) was received. He noticed 12 injuries on the dead body and according to him death is caused due to multiple injuries. He also certified that the injuries were ante mortem. There after P. I. Rathod seized shirt and pant of accused Ganesh vide seizure panchanama (Ex. 97), clothes and boot of accused Baban vide seizure panchanama (Ex. 98) and pant, shirt and chappal from accused Rajendra vide seizure panchanama (Ex. 99 ). He also sent Baban, Rajendra and Ganesh for collecting their blood samples. After the formalities of the investigation over and recording the statements of the witnesses, it is revealed that Sanjay was also included among the assailant. He was arrested on 17-10-92. After investigation is over the charge-sheet was led before the trial Court. Accused denied the charges and claimed to be tried and after the trial the appellants were convicted in the manner indicated above.

(3.) MR. Hardas learned Counsel for the appellants took us to the occular account of P. W. 5 and P. W. 8 and points out that their occular accounts about the offence are most unreliable. He took us to the evidence of P. W. 8 H. C. Wahane. According to him he was serving in Police Station Karanja from 1988 to 1993. He was knowing the deceased. He also knew the accused Baban, Rajendra, Ganesh and Bhaskar. They all reside at village Karli which is under the jurisdiction of Umbarda (Bit) and he used to visit Police Patil Bhaskar. According to him he was on duty at the S. T. Stand Karanja from 00. 30 hrs. night. In the morning at about 8 to 8. 15 a. m. he heard shouts from the main gate. He went there, he found Katheshwar was lying on the ground. Baban, Rajendra and Ganesh were assaulting him by means of knife. He tried to intercept them and tried to caught Baban, Rajendra and Ganesh, but they ran away with knives. According to him about more than 30 injuries were there on the person of Katheshwar. There was bleeding. Then he immediately send a message on phone to Police Station at about 8. 30 a. m. On account of that Police Inspector and staff reached the spot. He went to the Police Station to lodge a report without waiting the police to come. After lodging of the report accused Baban, Rajendra and Ganesh came to Police Station. He arrested them under arrest panchanama (Ex. 95 ). He also seized 4 S. T. tickets from the pocket of Baban. He noted the number of tickets. He also seized knife from Rajendra. He also seized the knife from Ganesh. Those knives were blood stained. He also noticed the injuries on the right thumb of Baban and on the palm of Rajendra.