SHIVAJI PANDHARI DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE four accused, who are convicted and sentenced by the learned 4th Additional Sessions Judge, Jalgaon, in Sessions Case No. 111 of 1995 have filed this Criminal Appeal against their conviction and sentence.

(2.) THE case of the prosecution is that Ramdas Bhagwan Farkande, being doctor, wanted to start his dispensary at village Wakod, taluka Jamner, district Jalgaon. THErefore, an open plot belonging to Chandrabai was purchased. Adjacent to that plot, there is the house of accused Raidas. So, Atmaram, brother of Ramdas, requested Raidas that he should allow to pull down wall on one side of the house of Raidas for construction of new building for dispensary and Atmaram would reconstruct the wall of the house at his own costs. On the condition that Atmaram should reconstruct the wall at his own costs, Raidas gave permission to pull down the wall. Accordingly, the wall of the house was pulled down and construction was started.

(3.) THE panchnama of the place of incident was prepared. After preparing inquest panchnamas on both the dead bodies, the dead bodies were sent for post mortem examination to the Rural Hospital, Pahur. THE investigating officer also referred the injured persons to the medical officer for examination and report. Amongst those injured persons, there were two accused Raidas and Shivaji. THE statements of witnesses were recorded. THE blood stained clothes attached during the course of investigation and other articles were sent to Chemical Analyser for examination and report. After completion of the investigation, charge sheet was submitted against 8 accused in the Court of J. M. F. C. , Jamner.