SHIVAJI SATUPPA GAVADE PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since both these appeals, though arising out of different Sessions trials, since arise out of the same incident, are heard together and disposed of by this common judgment and order.

(2.) The prosecution story in brief as could be gathered from the evidence placed on record is thus :-

(3.) In the meantime, the deceased Namdeo was brought to Government Rural Hospital at Chandgad and was given the emergency treatment and later on said Namdeo and Prakash were sent to Belgaum Civil Hospital. The complainant along with other persons went to Chandgad Police Station, therefore, the complainant narrated the incident to P.S.O. Desai who recorded his complaint (Exh.43) on the basis of which Crime No.36 of 1998 under Sections 307, 147, 148, 141, 120B of I.P.C. and Section 25(1)(3) of the Arms Act came to be registered at 16.25 hrs. on 1 st June, 1998. Namdeo died on the same night at Belgaum General Hospital and, as such, the said crime came to be converted into the offence punishable under Section 302 of Indian Penal Code (hereinafter referred to as "I.P.C." for the sake of brevity).