DILIP NATHUJI MADAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN regard to an incident which took place on 2/11/1996 at night at about 10. 30 p. m. in Adivasi Colony within the jurisdiction of Police Station, Wardha, a report was lodged by one Nanibai vithalrao Sadmake against seven accused persons, which was recorded by the then Police Station Officer Anil Bobde (P. W. 11), the offence was registered vide Crime No. 474 of 1996 for committing murder of Vithalrao, the husband of complainant Nanibai, in prosecution of common object of unlawful assembly. All the seven accused persons including appellant Dilip Madavi (Appellant in Criminal Appeal No. 409 of 1998) and respondent Dinesh Madavi in criminal Appeal No. 103 of 1999 were tried for committing murder of Vithalrao for the offence under sections 147, 148 and 302 r/w. 149 of the Indian Penal code in the Court of Additional Sessions Judge, Wardha in Sessions Trial No. 75 of 1997 and the learned Sessions Judge, by his judgment and order passed on 2nd day of November, 1998, acquitted the accused persons including respondent Dinesh Madavi of all the offences they were charged with and convicted appellant Dilip and sentenced him to suffer rigorous imprisonment for six months, to suffer rigorous imprisonment for one year and imprisonment for life and to pay a fine of Rs. 5,000/- in default to undergo further R/i. for two years for the offences under sections 147, 148 and 302 r/w 149 of the indian Penal Code respectively. All the sentences were to run concurrently. In these appeals before us, the judgment of conviction of appellant Dilip and that of acquittal of respondent Dinesh is under challenge.

(2.) PROSECUTION case, in brief, is that victim Vithal, who was resident of adivasi Colony, Wardha, was returning from his work place on 22/11/1996 in the evening. While he was about to reach his house, at about 7. 00 a. m. appellant-original accused No. 1 Dilip dashed him from behind by his bicycle. As a result of that, the victim fell on the ground and there ensued some altercation between him and accused Dilip and as claimed by prosecution, the victim tried to chase, accused Dilip, but he could not succeed as accused Dilip escaped from there on his bicycle. That incident ended there as, naturally, the accused escaped from that place and the victim went to his house. At about 10. 30 p. m. on that day, while the victim was in his house with his family members including his wife Nanibai (P. W. 2) and daughter jyoti (P. W. 6) accused Dilip, accompanied by six persons including his brother-respondent Dinesh, at once entered into the house of the victim with a view to grabble him to beat him. Victim Vithal sensing danger to his life, came out of his house by the rear side door and the accused persons also almost dragged him towards the well and assaulted him with weapons they were armed with. It is the prosecution case that accused Dilip assaulted the victim with a weapon like knife giving several blows, while his brother Dinesh assaulted the victim with a hockey stick giving blows. Victim Vithal sustained about 14 injuries and ultimately, collapsed in the pool of blood and the assailants then ran away. He was taken to the General Hospital, Wardha where he was declared dead. As stated earlier, the then P. I. Bobde recorded the complaint (Exh. 86)as per the narration given by Nanibai and on the basis of that, lodged First information Report and the offence came to be registered. The matter was investigated by P. I. Anil Bobde. During the course of investigating, after the accused were arrested, their clothes were seized, so also, the weapon namely dragger and hockey stick came to be seized on being recovered at the instance of accused Dilip in pursuance of the statement and disclosure made by them while in the custody on interrogation being made by P. I. Anil Bobde. On 13-12-1996, Rupchand Kharwade (P. W. 4), the then Naib Tahsildar at Tahsildar wardha conducted identification parade for the accused persons and witness nanibai, who was called for the identification, is said to have identified accused Dilip, respondent Dinesh and other two accused. After completing the investigation, charge-sheet came to be filed against the accused persons on 20/02/1997 and the learned Magistrate committed the case to the court of Sessions.

(3.) BEFORE the Additional Sessions Judge, the accused pleaded not guilty to the charge and claimed to be tried. Their defence is that of total denial. At the trial, prosecution examined in all eleven witnesses including Nanibai (P. W. 2), indirabai (P. W. 3), Jyoti (P. W. 6), Rupchand Kharwade (P. W. 4), Dr. Swati sarode (P. W. 9) who examined appellant Dilip for the injuries which were found on his person and for which medical certificate (Exh. 102) was issued and Dr. Arun Shendre (P. W. 10), who was the then Medical Officer, conducted autopsy on the dead body and prepared P. M. note 105. The weapons seized were also sent to Dr. Shendre for examination and opinion. Accordingly, in his report (Exh. 106), he has opined that the injuries which were found on the body of deceased were possible by the weapons used in the crime.