(1.) Present Appeal has been filed by original accused No.1 (herein after referred to as "accused" for the sake of convenience) in Sessions Trial No.21 of 2015 to challenge his conviction under Sec. 302 and Sec. 307 of the Indian Penal Code by the learned Additional Sessions Judge, Hingoli on 16/11/2017.
(2.) Prosecution story, in short, is that informant Munni Yousuf Luchiwale was resident of Darva, District-Yavatmal. One Choti Dadu Manjre is her younger sister. Choti's daughter Naseem got married about eight days prior to 7/4/2015 at Washim. Munni and her daughter Shahanaz, aged 12 years, went to house of her sister Choti for the purpose of marriage of Choti's daughter. On 7/4/2015, Munni along with her daughter Shahanaz were proceeding from Washim to Garmal, Hingoli on the motorcycle driven by Dadu Bhika Manjre who was the husband of Choti. Around 9.00 to 9.30 a.m., they had covered 10 to 15 Kms. road ahead of Kanhergaon Naka towards Hingoli. At that time they found that one golden colour car was chasing them. Around 11.00 to 11.30 a.m., their motorcycle was in front of a Dhaba in Kalgaon. At that place the said car gave dash to the motorcycle on which these three persons were travelling. After the dash, those three persons fell down. Two persons alighted from the car. One was holding iron rod and another was holding stick. Both the said persons started abusing Dadu. The person holding iron rod started saying that Dadu has committed murder of his father but Court has acquitted him and threfore he would give punishment to Dadu. Then with an intention to kill Dadu, said person gave blow of the iron rod on the head of Dadu. Another person holding stick, gave blow of stick to Dadu. At that time Dadu shouted, Azhar do not beat, Rafique do not beat [XXX XXX XXX] When Munni tried to stop them, she was assaulted by iron rod as well as stick by both the accused on her waist, back, right and left hand. When Shahanaz started shouting, at that time the person who was holding stick, lifted Shahanaz and hit her on the ground, as a result of which there was severe injury to head of Shahanaz and blood started oozing out of the said injury. When Munni started shouting for help, both the assailants sat in the car and went towards Hingoli. People gathered at the spot. Dadu expired instantaneously. Shahanaz was unconscious and after a while Ambulance arrived at the spot and then Munni as well as Shahanaz were taken to hospital. When the First Information Report (for short "FIR") was being taken, at that time Police brought two persons in the hospital and Munni identified them to be the said persons as assailants and upon inquiry those two persons gave their names. Dadu's brother Munna told informant that Dadu was charged with the allegation of murdering Azhar's father in the year 2005. However, Azhar was acquitted and therefore, both the accused were annoyed with Dadu. They used to give threats to Dadu. When Munni was in hospital, she came to know that her daughter Shahanaz has also expired. On the basis of her said FIR, offence vide Crime No. 38 of 2015 came to be lodged for the offence punishable under Ss. 302, 307, 323 and 504 read with Sec. 34 of the Indian Penal Code.
(3.) It appears that dead body of Dadu was also brought to the hospital and thereafter inquest panchnama of both the dead bodies was conducted and both the dead bodes were sent for postmortem. After the postmortem was carried out, the clothes on the person of the deceased came to be seized by drawing two separate panchnamas. Panchnama of the spot came to be executed after it was shown by Munna Bhika Manjre to the Police and panchas. Accused Nos. 1 and 2, while in police custody, gave memorandum on 10/4/2015 and discovered the iron rod and stick from a well and a pond respectively, in quick succession. The memorandum panchnama to that effect was executed. The clothes of the accused came to be seized. The photographs of the spot were taken. Statements of the witnesses were recorded. Postmortem reports and injury certificates came to be collected and after the investigation was over, charge-sheet was filed against both the accused persons.