ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 473 of 2017 by convict Ashok and Criminal Appeal No. 431 of 2017 by convicts Mohan, Anjana and Chaya are arising out of the judgment and order of conviction awarded by learned Additional Sessions Judge-3, Latur dtd. 14/8/2017 in Sessions Case no. 91 of 2015. Vide said judgment, all appellants are held guilty for charge under Ss. 302, 201 r/w 34 and 203 r/w 34 of the Indian Penal Code [IPC], respectively.

(2.) Chakur police station charesheeted all accused, namely, Mohan, Ashok, Anjana and Chaya on the premise that deceased Govind had been to attend marriage at his in-laws' place at Bothi Tanda on 28/5/2015. There, on 3/6/2015, quarrel took place between deceased and accused persons which resulted into assault on deceased by accused no.2 Ashok by means of iron pestle and fist and kick blows by remaining accused. The occurrence was seen by PW7 Shivaji, who is neighbour of accused. Thereafter, dead body of deceased was found in a passenger train on 4/6/2015. Initially AD was registered. PW13 Dr. Sachin Darandale, coroner/autopsy surgeon, who conducted postmortem, issued opinion regarding cause of death as 'head injury associated with blunt trauma over chest' and resultantly, after being challaned, vide Exhibit 15 charge was framed and explained and the same was denied by all accused persons. Consequently, trial was undertaken by learned Additional Sessions Judge, who examined evidence of 17 witnesses adduced by the prosecution as well as documentary evidence relied by prosecution. On appreciating the same and on hearing both sides, learned trial Judge held accused Ashok to be guilty of offence under Sec. 302 of IPC and all accused, including accused Ashok, to be guilty of offence under Ss. 201 r/w 34 and 203 r/w 34 of IPC and awarded sentence as spelt out in the operative part of the judgment. Now exception is taken by all convicts by filing above distinct appeals which being heard on the same day and being answered by learned APP, are decided together herewith.

(3.) In support of its case, prosecution seems to have adduced evidence of in all 17 witnesses. Their role and status can be summarized as under : PW1 Satish Mehare is the pancha to recovery of dead body vide Exhibit 32 as well as seizure of clothes of deceased vide seizure panchanama Exhibit 33. PW2 Informant Dagdu Jadhav is father of deceased Govind. He lodged report Exhibit 50. PW3 Vasant Rathod has acted as pancha to spot panchanama and seizure of iron pestle (Article A) vide Exhibit 55. PW4 Laxman Jadhav is brother of deceased Govind. PW5 Babu Jadhav allegedly heard about death of Govind and claims to have informed accordingly to PW2 Dagdu. PW6 Keshav Rathod is the person who telephonically informed PW5 Babu about death of Govind. PW7 Shivaji Jadhav is neighbour of accused persons and he claims to have witnessed quarrel between deceased and accused persons on 3/6/2015 and about Ashok assaulting deceased with iron pestle. PW8 Vaijinath Sanmukhrao, Police Head Constable, Chakur Police Station, who registered missing report Exhibit 67 lodged on 5/6/2015 by accused Chaya i.e. wife of deceased. PW9 Jeevan Rajgirwad, Police Head Constable, Chakur Police Station, who conducted inquiry about the missing report no. 19/2015. PW10 Sachin Rathod is relative of deceased and at Ghati Hospital, Aurangabad, he identified dead body to be of Govind. PW11 Syed Jafar, Police Havaldar posted at Railway Police Station, Aurangabad who inquired into the AD No. 24/2015. PW12 Rajkumar Chavan is relative of accused Mohan. PW13 Dr. Sachin Darandale is the autopsy doctor, who conducted postmortem on 5/6/2015 and issued provisional cause of death certificate Exhibit 83 and postmortem report Exhibit 84, however opinion was reserved for want of C.A. reports. On 22/9/2016, vide Exhibit 87, he issued final cause of death as 'Head injury associated with blunt trauma over chest'. PW14 Shantaram Dambale, API, attached to Railway Police Station, Aurangabad, who registered crime by 0 number and forwarded all papers to Chakur Police Station. PW15 Waman Jadhav is brother of accused Anjana. PW16 Meerabai Jadhav is sister of accused Anjana. PW17 Shivdas Lahane, API, Chakur Police Station is the Investigating Officer [IO]. SUBMISSIONS ON BEHALF OF APPELLANTS :