DATTATRAY SAKHARAM KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals filed under Section 374(2) of Cr.P.C. arise from the order of conviction and sentence passed on 30th January, 2009 in Sessions Case No. 171 of 2004 by the learned Additional Sessions Judge at Pune. In the said case in all four accused were convicted for the offences punishable under Sections 302 and 323 r/w. Section 34 of the IPC. However, during the pendency of the trial, i.e. on 5th September, 2004, accused No.4Dattatray alias Appa Nivrutti Dudhane died and the trial against him stood abated and the trial continued against accused Nos.l to 3. All the three accused have been found guilty for the offence punishable under Section 302 r/w. Section 34 of IPC and they have been acquitted for the offence punishable under Section 323 r/w. Section 34 of the IPC.

(2.) As per the prosecution case, one Bajirao Bhorde, who was a Police Constable and brother of Shankar Bhorde, died on Uth February, 2004 and he was a friend of the complainant partyJakir Gafur Shaikh and deceased Rajesh Vasantsing Pardeshi. The complainantJakir Gafur Shaikh and the deceased Rajesh Pardeshi along with other four friends attended the funeral of one Bajirao Bhorde at Vaikunth Crematory and while they were on their way to the house of Shankar Bhorde. brother of the deceased Bajirao Bhorde, in the Police Colony (Shivaji Nagar) on two wheelers, accused No.2Satish Dhole called the deceased Rajesh Pardeshi, who was the pillion rider along with the complainant on his motorcycle, and, therefore, the deceased Rajesh Pardeshi stopped near Vasant Hair Cutting Saloon around Goodluck Chowk at Pune, at about 4:30 p.m. Accused No.2Satish Dhole questioned the deceased Rajesh Pardeshi as to whether the deceased had become oversmart and was trying to show his authority and in that, there was some altercation between accused No.2 and his friends i.e. accused Nos. 1,3 and 4, on one hand and the deceased on the other. During this altercation, accused Nos.l to 3 dragged the deceased towards the steps of Vasant Hair Cutting Saloon and, thereafter, accused No.4Dattatray Dudhane, who was not known to the complainant, took out a jambia from his leather cover and inflicted two blows on the deceased. The first blow cut the thumb of right hand of the deceased and the second blow landed on his chest and he collapsed. The accused ran away from the scene of the incident while Rajesh Pardeshi was lying in the pool of blood. It took some time for the complainant and his friends to get a rickshaw and take the injured to the nearby Deendayal Hospital, where Rajesh Pardeshi was declared dead around 5:00 p.m. The shocking incident that had taken place was during the broad daylight in a busy locality like Ferguson College Road. News reached to the nearest Police Station, i.e. Deccan Police Station, and, thereafter, Raju Dhondiram More (PW6) visited the spot. Raju More (PW6) got a message at about 4:40 p.m. and reached the spot at about 4:45 p.m. He was informed that the injured was taken to Deendayal Hospital, he saw blood lying on the ota in front of Vasant Hair Cutting Saloon and he reached the Deendayal Hospital. There, he came to know from the Doctor that Rajesh Pardeshi was no more. Raju More (PW6) recorded the statement of the complainantJakir Gafur Shaikh and with a covering letter sent the same to the Deccan Police Station where C.R. No.58 of 2004 was registered at about 5:45 p.m.

(3.) The dead body of Rajesh Pardeshi was sent for post mortem to the Sassoon Hospital at Pune and Dr. Prashant Damodar Suryavanshi (PW5) conducted the post mortem between 9:30 p.m. to 10:30 p.m. on the date of the incident. The dead body was then handed over to the relatives and the clothes of the deceased were recovered under Panchnama Exhibit 98. Ranjit Pandurangrao Abhinkar (PW7), being the incharge of the Deccan Police Station, took over the investigation and visited the spot as well as Deendayal Hospital. Under his directions and on receiving the information about the whereabouts of the accused, Nanasaheb Bhikaji Hole (PW8) took the accused in custody from Wasewadi in the suburbs of Pune and brought them to the Police Station, where they came to be arrested under the arrest panchnama at Exhibit99. The clothes on their person were recovered. While in custody, accused No. 4 Datlatray Dudhane made a disclosure statement, which was recorded at Exhibit72, and the weapon 'Gupti' came to be recovered from the house of his cousin at Vasewadi on 13th February, 2004. Ranjit Abhinkar (PW7) recorded the statement of some witnesses like Vishwajit Vasantrao Ghule (PW3) and other companions of the deceased Rajesh Pardeshi at the spot of the incident. He forwarded the seized articles like the clothes of the deceased as well as the accused and the weapon for chemical analysis. On completion of investigation, the charge sheet came to be filed on 29th April, 2004 and on committal of the case, the charge came to be framed by the learned Additional Sessions Judge, Pune on 9th June, 2004.