DEEPAK MANIKRAO ANDHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE are the two appeals preferred by the original accused Nos. 1 to 4 against the judgment and order of conviction and sentence dated 18-9-1996, passed by the learned Additional Sessions Judge, Hingoli in Sessions Case No. 16 of 1996, whereby the appellants have been convicted and sentenced for offence punishable under sections 302 r/w 34 of Indian Penal Code to undergo life imprisonment and to pay a fine of Rs. 500/-, in default to suffer R. I. for 2 months. Criminal Appeal No. 560 of 1996 is preferred by original accused Nos. 2 to 4; whereas Criminal Appeal No. 564 of 1996 is preferred by original accused No. 1. Both the appeals arise out of common judgment, therefore, they are being disposed of by this common judgment.

(2.) THE prosecution case, in brief, is as under: the murdered man was one Ashok Malharrao Bangar, aged about 35 years. He was resident of Hingoli town and he was the President of Shiv Sena Party of Hingoli town. The complainant Gopal (P. W. 2) and Prakash (P. W. 4) are the friends of deceased Ashok. They are residents of Nanded city. The incident occurred on 3-9-1995. On that day, deceased Ashok had gone to Nanded. At about 11. 00 a. m. , Ashok met with his friends at Nanded. They took their meals at about 4. 00 p. m. in one hotel named and styled as, "manju". After taking meals, Ashok insisted Gopal (P. W. 2) and Prakash (P. W. 4) to come to Hingoli with him. He asked them to arrange for a vehicle on hire. They had taken a Maruti car bearing No. MH-02/2435 on hire. Dayanand (P. W. 10) was the driver of the maruti car. They left Nanded city at about 9. 15 p. m. for going to Hingoli town. On the way to Hingoli, there is a road bifurcation known as Waranga Phata. When they reached at Waranga Phata at about 10. 30 p. m. , deceased Ashok asked the driver of the car to take the car towards Loknatya (Tamasha Theatre) namely "ganesh Loknatya Kendra" (hereinafter referred to as "tamasha" theatre), therefore, Dayanand (P. W. 10) took the car to the theatre and stopped it in front of the said theatre. Ashok Bangar, Gopal (P. W. 2) and Prakash (P. W. 4) got down from the car and went inside the theatre to see the dance and musical performance. In the theatre, they watched the dance and musical performance for about 10 to 15 minutes and came out of the theatre. They went towards rooms meant for the dancers. Three dancers and one young boy accused No. 1 were found standing there. Ashok Bangar asked the three dancers as to why they were not on stage. One of them disclosed that their turn was over. Then Ashok patted one dancers upper arm and asked the other dancers to go away, however, accused No. 1 who was standing there, was looking at Ashok with jealousy. Having noticed this, Ashok asked him as to why he saw standing there and directed him to go away. Accused No. 1 replied arrogantly saying that he was going away. Looking to the arrogance, Ashok got annoyed and he gave one slap to accused No. 1. Thereafter Ashok along with his friends Gopal (P. W. 2) and Prakash (P. W. 4) started going towards the car, at that time, accused No. 1 came towards these persons and scuffled with them. At that time also, accused No. 1 gave a slap to Ashok. Accused No. 1 threatened that he would see him and by saying so, he went inside the theatre. Ashok and his two friends started going towards the maruti car. At that time, accused No. 1, made a sensational appearance with a gupti in his hand. Accused Nos. 2 to 4 caught hold of Ashok and accused No. 1, who was armed with gupti pierced the gupti in the chest of Ashok thrice. Thereupon, Ashok and his two friends caught hold of accused and took him towards the car. Ashok went ahead from the car saying that he wanted to ease himself. At that time, accused Nos. 2 to 4 came towards the car and asked the complainant Gopal (P. W. 2) and Prakash (P. W. 4) to release accused No. 1 saying that they would take accused No. 1 to the Police Station. Gopal (P. W. 2) and Prakash (P. W. 4) asked the accused Nos. 2 to 4 as to who they were? Accused No. 2 disclosed his identity as Deepak, the Manager of the theatre and he had also disclosed the names of accused No. 1 as Subhash Kharwade, the servant of dancers and that of accused Nos. 3 and 4 as Vitthal and Manohar the gate keepers of theatre. Gopal (P. W. 2) and Prakash (P. W. 4) noticed that Ashok, who had gone to ease, had fallen on ground. At this juncture, they left accused No. 1 and rushed towards Ashok. On leaving accused No. 1, he (accused No. 1) along with other three accused persons fled away.

(3.) THEREAFTER Gopal (P. W. 2), Prakash (P. W. 4) and Dayanand (P. W. 10) lifted the injured Ashok and kept him in the car and took the car to the Primary Health Centre, Akhada Balapur for medical treatment. At that time, Ashok was unconscious. He was admitted in Primary Health Centre. Medical Officer, Primary Health Centre, Akhada Balapur Dr. Durge (P. W. 1) informed the Police Station on phone about the admission of the injured. On examination, he found three stab injuries on the chest of injured. He gave first aid to the injured Ashok. By that time, Head Constable Gangaram (P. W. 8) of Akhada Balapur Police Station reached at the Primary Health Centre. He brought the requisition addressed to the Medical Officer. After some time P. S. I. Alsatwar (P. W. 11) also rushed to the Primary Health Centre. Injured Ashok was in critical condition, hence, the Medical Officer referred the injured to Shri. Guru Govind Singh Hospital, Nanded (hereinafter referred to as, "nanded Hospital" ). One employee of the Primary Health Centre was deputed while taking injured Ashok to the Nanded Hospital. The injured was shifted to Nanded Hospital in the same maruti car. He was accompanied by his friends Gopal (P. W. 2) and Prakash (P. W. 4) and Head Constable Gangaram (P. W 8 ).