CHANDRAKANT DHONDU BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under Section 374(2) of the Code of Criminal Procedure is directed against the order of conviction and sentence passed in Sessions Case No. 230 of 1996 by the learned Adhoc Additional Sessions Judge at Kalyan. Though eleven accused were tried for the offence punishable under Sections 147, 148, 149 and 302 and alternatively under Sections 302, 452, 324, 323 read with 34 of IPC, the trial Court convicted accused Nos. 1 to 4 for the S offence punishable under Section 302 read with Section 34 of IPC and sentenced them to suffer R.I. for life. They have been further convicted for the offences punishable under Section 452, 324 and 323 each read with Section 34 of IPC. This appeal has been filed by accused Nos. 1, 3 and 4 and accused No. 2 - Kashinath Bhoir has not filed any appeal.

(2.) As per the prosecution case the incident has taken place at Village Umbarli of Thane District. The complainant party and the accused are neighbours in the said village. On 22.5.1989 the deceased - Balram, brother of P.W.4 - Kashinath Bhoir hurled some abuses between 6.30 to 8 pm but they were not addressed to anyone. On 23.5.1989 between 6 to 6.30 am accused Nos. 1 to 4 came in front of the house of Balram and gave him a call to come out of the house. The accused were armed with deadly weapons like swords, axe and sticks etc. Apprehending an attack on Balram, the family members pushed him in the neighbouring house of his Aunt - Smt. Barkubai Patil (P.W.2). The houses of some of the accused were next to the house of P.W.2. The accused broke the wall and gate chain of the house of P.W.2 and entered into her house so as get hold of Balram. Some of the accused dragged Balram out of the house and he was assaulted with weapons. He had sustained bleeding injuries on his head, thigh and finger. His family members tried to intervene and they also got injured. P.W.4 - Kashinath also sustained injuries and he rushed to the police station which was at some distance and reached at 9.15 am and informed the police about the incident. The police arrived at the scene at about 10 am and by the time Balram was taken to the hospital i.e. at 11 am, the doctor declared him dead before he was brought to the hospital.

(3.) The statement of P.W.4 - Kashinath was recorded and the FIR came to be registered at about 2.30 pm on the same day. The injured witnesses were also examined. The dead body of Balram was sent for post mortem which was done by P.W.3 - Dr. Harish Patankar.The accused were taken in custody on 28.5.1989 at about 23.30 hours. The prosecution further claimed to have seized three swords and one Parshi (axe) between 31.5.1989 to 1.6.1990 at the instance of accused No. 1 and accused No. 2. On completion of the investigation, the charge-sheet came to be filed on 9.8.1989 and as some of the offences were triable by the Sessions Court, the committal order was passed on 5.2.1989. The prosecution examined in all 12 witnesses. P.W.1 - Dr. Vasant Mahajan had examined the injured witnesses i.e.P.W.4 - Kashinath Bhoir and issued medical certificate at Exhibit-49. He also examined P.W.7 - Mandabai and issued injury certificate at Exhibit-51. P.W.2 - Smt. Barkubai Patil, P.W.4 - Kashinath Bhoir, P.W.6 - Babibai Bhoir and P.W.7 - Mandabai Jadhav were claimed to be eye witnesses in support of the prosecution case. Whereas P.W.8 -Chandrakant Raut and P.W.9 - Dhalumal Nagpal were panch witnesses for the seizure of the weapons. However, P.W.9 turned hositle. P.W.10 - Tukaram Edge and P.W.12 - Balkrishna Jadhav were police officers examined by the prosecution. P.W.10 - Tukaram Edge was the investigating officer whereas P.W.11 - Chandrakant Gaikwad was attached to the Forensic Science Laboratory and he had submitted the C.A. report (Exhibit-78 to Exhibit-80).