RAJU GANPAT KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by accused who has been convicted by the II Additional Sessions Judge, Solapur, for offence under section 302 of the Indian Penal Code (I. P. C.) and sentenced to life imprisonment for committing the murder of the Police Constable Bansode belonging to Solapur Taluka Police Station. As per their records there were 5 more accused, some of whom were convicted by the trial Court for committing offence but they have not preferred any appeal as it appears that they had already undergone the sentence.

(2.) THE prosecution case is that P. W. 1 Constable Sangolgi and the deceased Bansode were attached to Solapur Taluka Police Station on the date of the incident i. e. on 4th March, 1996. They were in the Police Station at 8 Oclock when the roll call was taken. They were given duty of naka bandi night patrolling as per the entry in that regard produced by the prosecution. However, accord to them i. e. the Constable Sangolgi even they were given the specific duty, they decided of their own accord to go to Tale-Hipparge village, where Pardhis were staying, with a view to arrest some of them. Therefore, while they were on their way to Kumbhar Ves, near to Hipparge, P. W. 1 Sangolgi made a phone call to the Police Station and gave information that they were proceeding to village Hipparge to collect information about Pardhis. It is further the case of the prosecution that while they were on the road on their motorcycle they saw all the six accused, they identified two accused and accused Raju was called by his name. According to the prosecution the accused were known to both the Constables i. e. Constable Sangolgi and deceased Head Constable Bansode. When the accused Raju was called, he told the Constables that there was Devkarya at his home, therefore, he would not accompany the police. It appears that police tried to take them in custody or arrest them forcibly. There was a struggle between all the accused and the two constables. Some of the accused i. e. accused No. 1 and 2, mainly pelted stones and one of the stone hit Bansode seriously. He fell down on the ground and could not stand again and while he was on the ground the present appellant is alleged to have hit him hard by throwing a very huge stone on the skull resulting in fracture and instantaneous death. According to the prosecution while this marpit was going on the same was witnessed by two persons who were passing by the road on the scooter. One of them being examined by the prosecution as P. W. 4 Sawant. According to the prosecution, Constable Sangolgi immediately went to the nearby naka, from there he phoned to the Solapur Taluka Police Station and gave information about the incident which was noted down in the station diary. Immediately this information was communicated to the P. I. Mujawar, who along with the police party came to the scene of offence and thereafter according to P. I. Mujawar, he recorded the statement of Sangolgi and treated it as F. I. R. and then investigation was started.

(3.) DURING the course of investigation statement of both the persons namely one who was driving the scooter and the other the pillion rider were recorded. Inquest panchanama was made. Dead body of P. C. Bansode was sent for post-mortem and the accused Nos. 4 and 5 came to be arrested on 18/5 form Bombay. Accused Nos. 2, 3 and 5 were arrested on 20th May and accused No. 6 was arrested on 20th July. It is alleged that after arrest of accused No. 2, police recovered the blood stained clothes on the basis of his statement under section 27 of the Evidence Act. After completing investigation, charge-sheet was filed. The accused came to be tried before the Additional Sessions Judge Solapur, who ultimately accepted the entire prosecution case and convicted all the accused. It is from this conviction that the present accused-appellant who has been sentenced to life imprisonment for offence under section 302 of the I. P. C. has preferred this appeal.