STATE OF MAHARASHTRA Vs. JAYSING VITTHAL SHETKE

JUDGEMENT

(1.) The issue involved in this appeal is whether the trial Court was right in disbelieving the evidence of one injured witness and other witnesses. Whether trial Court was right in disbelieving the evidence of eyewitness/injured/first informant PW No.11 Ramesh on the point of incident ? Whether trial Court was right in disbelieving the evidence of eyewitness/injured PW No. 13 Anna ? Whether trial Court was right in disbelieving the evidence of 04 eyewitnesses on the point of assault on deceased ?

(2.) All these questions have arisen in present appeal which is preferred by the State against the judgment delivered by the Court of Additional District Judge, Sangali on 6/3/1997 in Sessions Case No. 139/1995. There were 12 accused persons. They were charged for committing an offence punishable under Ss. 147, 148 and 302 read with Ss. 149 and 326 read with Sec. 149 of the Indian Penal Code. There were 3 incidents committed in village-Wakurde and Padawalwadi of Tal-Shirala, Dist- Sangali on 27/3/1995. The assault resulted into death of one Baban Tanaji Thorat. This incident took place in front of the house of PW No. 16 - Rajaram Bapu Padwal. Whereas PW No. 13 Anna Tanaji Thorat and his father Tanaji Sadhu Thorat were assaulted on the same day near Karamjayi Temple, villageWakurde. Tanaji Thorat was not examined. Whereas PW No. 11 Ramesh Sakharam Thorat was assaulted near Wakeshwar Temple village - Wakurde at about 8.45 p.m.

(3.) There were two marriages on 27/3/1995 One at village Dhamwade. It was of Suresh Akaram Dargade (who is son of Vijayanta - who is daughter of Tanaji Thorat). Few members of the family of Tanaji Thorat went to attend that marriage. Another marriage is at village Mangale. Ramchandra son of Shyamrao Jadhav (PW No.15) married to daughter of Ramchandra Mahadev Patil. Shyamrao Jadhav PW No.15 hired band party of Tanaji Thorat. The marriage procession was to start from Wakeshwar Temple and was to reach upto village Padwalwadi. In all these incidents, several accused have participated, some of them were common.