RAJU @ PINTYA S/O MADHUKAR HIVRALE Vs. STATE OF MAHARASHTRA THROUGH POLICE SUB-INSPECTOR OF OLD CITY POLICE STATION, AKOLA

JUDGEMENT

(1.) Since both Appeals arise from the same crime and the common judgment and order is delivered by the learned trial Judge and since the paper-book is common, the same are being disposed by this common judgment and order.

(2.) Appeal No.74/2006 is preferred by original accused no.2-Raju @ Pintya Hivrale; whereas Appeal No.112/2006 is filed by original accused no.2- Mahendra @ Mandya Telgande, both of which have been directed against the judgment and order dated 8th February 2006 delivered by learned Ad-hoc Additional Sessions Judge in Sessions Case No.211/2002 whereby the learned Judge of the trial Court has convicted both of them, for offence punishable under section 307 read with Section 34 of the IPC and sentenced them to suffer RI for a period of five years each and to pay a fine of Rs. 500/- each, in default of payment of fine, to suffer RI for six months each. A1-Mahendra was also convicted for offence punishable u/s. 324 of the IPC and sentenced to suffer RI for a period of two years and to pay a fine of Rs. 500/- in default, to suffer RI for two months.

(3.) The prosecution case in brief is that, accused and the victims are R/o Akola. On 7th February 2002 A1-Mahendra and A2-Raju, both met PW3-Anil Sagne in the afternoon. At that time, A1-Mahendra threatened PW3-Anil that he would stab him on that day itself. On the same day at about 9.30 pm, while PW3- Anil was proceeding towards the bypass old Balapur check-post, both the accused approached him. A1 said to him, " Tu khup Majla Ahes; Dadagiri Kartos ka? and assaulted him by means of knife on his right arm, due to which PW3 sustained bleeding injury. PW3-Anil, however, managed to escape from that place. It is the case of the prosecution that the accused then approached PW1- Mohan Giri who happened to be passing through the same road. A2-Raju caught hold the hands of Mohan Giri and A1- Mahendra assaulted him by means of a knife on his chest and hip. At the relevant time, brother of Mohan Giri, namely, PW2-Vasant Sagne was returning back to his house in a taxi. He noticed A1 and A2 running behind his brother. In the meantime, PW2-Vasant Sagne, who is the brother of PW3 Anil Sagane, was returning home in a cab. He noticed A1- Mandya and A2-Pintya chasing his brother Anil Sagne. PW2 Vasant got down from his vehicle, Vasant noticed that A2 Raju had caught hold of hands of Mohan Giri and A1-Mahendra assaulted him by means of a knife on his chest and hip. PW2-Vasant tried to catch the accused, however, they fled away. PW2-Vasant then shifted the injured PW1- Mohan by an auto rickshaw to the Police Station. The police directed him to take the victim to Civil Hospital Akola. Accordingly, PW2 Vasant took him to the hospital. PW2-Vasant then lodged his complaint in the Police Station. PW7-PSI V.D.Patil who was attached to said Police Station registered the offence on the basis of the said complaint vide Crime No.27/2002 Thereafter PSI V.D. Patil proceeded to the place of incident and recorded the spot panchnama. During the same night, injured PW3-Anil Sagne proceeded to the Police Station. Police referred him to the Civil Hospital for medical examination and treatment. PW7-PSI Patil recorded the statements of both the injured PW3-Anil and PW1-Mohan Giri in the hospital. Accused were arrested by the police. Clothes of the injured were taken charge and sent to the Chemical Analyser for its analysis. After completion of investigation, the charge-sheet was filed in the court of learned JMFC. The case was committed to the court of Sessions. The learned trial Judge framed the charge and on assessment of the evidence on record and hearing both the sides, convicted the accused, as aforesaid. Hence these Appeals.