ISHWAR KHANDU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants are convicts for commission of offence under Ss. 143, 147, 148, 302, 307, 323, 504, 506 r/w 149 of the Indian Penal Code [IPC] in Sessions Case No. 87 of 2014 dtd. 4/7/2016 passed by learned Additional Sessions Judge, Dhule. Original accused nos. 1 to 4 and 6 have preferred appeals bearing Criminal Appeal Nos. 475/2016 and 490/2016 respectively.

(2.) Though two distinct appeals have been filed questioning legality and maintainability of the judgment of conviction, as both appeals are heard simultaneously and answered by learned APP on one and the same day, appeals are dealt together by way of common judgment.

(3.) Shorn of details, in brief, case of prosecution is that during Ganpati festival of 2014, there was quarrel between accused party and informant party on account of raising volume of the loudspeaker. It is in such backdrop, case of prosecution is that, both sides were in cross terms. On 29/1/2014, accused named in the chargesheet came on two motorcycles and in backdrop of above previous quarrel, assault was made on Samadhan and Dattatraya causing them grievous injuries. PW2 informant when intervened to pacify them, he was beaten by fistiscuffs. Deceased Samadhan was declared dead on examination and therefore, PW2 Pruthviraj, brother of Samadhan, registered FIR which was investigated by PW10 P.I. Somwanshi and on gathering sufficient evidence, in all 6 accused were chargesheeted and tried by learned Additional Sessions Judge, Dhule, who, on appreciating the oral and documentary evidence adduced by prosecution, passed following order: