RANJEET HARIBHAU JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal arises out of the judgment and order passed by Sessions Judge, Parbhani dtd. 22/1/2019 in Sessions Case No. 121 of 2016 convicting appellant-accused no.1 for the offence punishable under Sec. 302 r/w 34 of the Indian Penal Code [IPC] and Sec. 27 r/w 5 of the Arms Act.

(2.) PW6 Jaya set law into motion by lodging report at Charthana Police Station on 3/6/2016 alleging that at around 12.00 noon on on that day, appellant Ranjeet approached her and her husband while they were in the house and informed about some bad mouthing regarding her in the village. Deceased allegedly questioned appellant Ranjeet for defaming. According to her, around 3.30 p.m., while she, her husband and her mother-in-law's sister i.e. PW7 Nilabai were in the house, appellant came armed with handle of axe, abused deceased Datta and gave blows of handle of axe on head and chest and also stabbed him with knife in the rib part. Remaining accused, namely, Haribhau, Sonabai and Sakhubai used sticks in assaulting him. Thereafter, they fled. Datta was taken to Civil Hospital, Jintur but he was declared dead and therefore, she lodged report Exhibit 81 which was made the basis of registration of crime which was investigated by PW10 PI Sudarshan Bhange, who arrested the accused, got spot panchanama and inquest panchanama drawn and got postmortem conducted. Recovery-discoveries were caused on memorandum of accused persons. Clothes of both, accused as well as deceased, were seized for sending them to Forensic Science Laboratory and after gathering sufficient evidence, they came to be chargesheeted.

(3.) Learned Sessions Judge, who conducted trial, permitted prosecution to adduce evidence and prosecution examined as many as 10 witnesses and relied on documentary evidence which was appreciated on hearing both sides and learned Sessions Judge reached to a finding that offence under Sec. 302 of IPC and Sec. 27 r/w 5 of the Arms Act is made out only against present appellant. Remaining accused came to be acquitted from all charges. Said judgment is now assailed before us on various grounds spelt out in the appeal memo.