GOPICHAND ANA BHAVISKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANTS-ORIGINAL accused Nos. 1 to 3, being dissatisfied with the order passed by the Additional Sessions Judge, Amalner dated 10-1-1996 in Sessions Case No. 13/91, convicting the accused for the offence punishable under section 304-11 read with 34 of I. P. C. and directing them to suffer rigorous imprisonment for five years and to pay fine of Rs. 1000/-, in default rigorous imprisonment for three months, filed the present appeal.

(2.) THE facts in nutshell are that : accused Nos. 1 and 2 are father and son while accused No. 3 is the brother-in-law of accused No. 1. All of them resides at village Vele, Talqa chopada, District Jalgaon. Complainant Bhikan Khandu Pandav also resides in the same village along with his father and other family members i. e. his mother Gangubai, sister Sarubai, wife Asha. House of present appellants is in front of the house of Bhikan Pandav the complainant. The alleged incident took place on 11-5-1990. On that day, at about 4. 00 p. m. approximately Bhikan and his father Khandu, who was working at the said village as Kotwal had gone to weekly Bazar of Chopda and returned approximately at about 6. 00 p. m. to their house. At that time, they noticed that there was some exchange of words between Sarubai and Asha on one hand and the wife of accused No. 1 on the other. Khandu then requested his family members not to quarrel. At that time, the present appellants, who were in their house, came in front of the house of Khandu, called him outside, one of them caught hold his collar and all of them assaulted Khandu with fist and kick blows. It is also alleged that in the said incident his throat was also pressed and on account of this assault by the appellants, Khandu died on the spot. Son of khandu namely Bhikan i. e. complainant then immediately went to Chopda so as to bring his sister and brother-in-law and thereafter he gone to the house of Police Patil to inform in respect of the said incident. Police Patil was not in his house. He returned at about 9. 00 p. m. Then complainant along with Police Patil went to the Police Station Chopda which is at a distance of 3-4 kms. from village Vele. Bhikan made report in respect of the incident. Accordingly, Crime No. 42/90 came to be registered for the offence under section 302 read with 34 of I. P. C. The P. S. I, visited the place of incident, held inquest over the dead body and referred the same for post-mortem, prepared spot panchanama, arrested the accused, recorded statements of certain witnesses and after completing the investigation, submitted charge-sheet before the Judicial Magistrate, First Class, Chopda, against the accused for the offence punishable under section 302 read with 34 of I. P. C. As the offence under section 302 is exclusively triable by the Court of Sessions, the case was committed to the Court of Additional Sessions Judge, Amalner.

(3.) THE Additional Sessions Judge, Amalner, as per Exhibit 1 framed charge-sheet against the present appellants for the offence under sections 302, 504, 506 read with 34 of I. P. C. on 26-8-1994. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution has filed application Exhibit 5 and called upon the defence to admit correctness and genuineness of certain documents i. e. spot panchanama, Map prepared by the Revenue Circular inspector as regards place of incident, inquest panchanama, panchanama of attachment of clothes which were on the person of deceased, post-mortem notes, C. A. report and the certificate as regards cause of death issued by the medical Officer.