DARRATRAYA NAMDEV RAYPHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal by the original accused Nos. 1 to 3 appellants nos. 1 to 3 herein, against the order of conviction under Section 302, 342 of the indian pensl Code and sentence to rigorous imprisonment for life, passed by the learned Additional Sessions Judge, Pune, dated 19th September, 1998.

(2.) The learned Additional Sessions Judge held that one Balaji Mankare (hereinafter referred to as "the deceased") had met with homicidal death. All the appellants-accused or one of them, assaulted the deceased in the house of accused no. 1, which resulted, into the his death, Therefore, on 18/9/1997, PW2 - Shivaji shamrao Mankare, lodged a complaint against the appellants for the same. It is alleged in the FIR that Tanaji - appellant No. 1 suspected that the deceased Balaji mankare had illicit relationship with his wife Sou. Paragbai The accused called balaji at his residence on 17th September, 1997, at about 11.30 p. m. All the appellants, who were present, including the wife of accused No. 1, closed the door from inside and beat and assaulted the deceased to death. The complainant, after hearing those commotion from the place, came in front of the house and saw that 10-15 persons were standing in front of the door of Tanaji. The door of Tanaji's house was closed. They heard sound of beating and shouting. In spite of shouting from outside, Tanaji did not open the door. The glass of the ventilator was broken. The complainant called the landlord, Babulal Piraji Sasane - PW4, who also called Tanaji to open the door. It was only after 10 minutes, the appellants-accused came out of the house of accused No. 1. Appellant Nos. 2 and 3 ran away towards the Railway Station. Appellant No. 1, however, was caught near the shop named "bhaskar Electronics" as deposed and supported by PW2 and pw4. The appellant No. 1, thereafter, was brought back to the spot. PW8 proved the Arrest Panchanama of accused No. 1. The complainant saw his brother Balaji inside the room in a pool of blood. The articles in the room were scattered. The police came on the spot after half an hour. The body of Balaji and accused No. 1 were taken to the Sassoon General Hospital. The deceased Balaji succumbed to the injuries at about 2.25 a. m. The Inquest Panchanama shows several injuries on the dead body. The Seizure Panchanama of the accused No. 1's clothes was also recorded. PW2 - Complainant, therefore, had lodged the report with PSI nagarkar - PW10 at Wanwadi Police Station and the crime was registered as C. R. No. 426 of 1997 under Section 302, 342 read with 34 of the IPC The appellant nos. 2 and 3 were arrested, at about 7. 00 a. m. , on 18th September, 1997, as they were roaming in a suspicious manner and frightened condition, by the PSI of faraskhana Police Station, Pune, It is alleged that their clothes were blood stained, Panchanama (Exhibit-29) was accordingly recorded.

(3.) The investigation was carried out from 18th September, 1997. The charge sheet was sent to the Court on 2nd December, 1997. On 2nd January, 1998, r. C. C No. 426 of 997 was committed to the Court of Sessions. The appellants denied the charges framed. Their statements were recorded. Their plea was also recorded. From 19th February, 1998, to 15th April, 1998, the prosecution had examined 14 witnesses. On 23rd June, 1998, the statement of the appellants under Section 313 of the Criminal Procedure Code was also recorded. On 19th september, 1998, the impugned order came to be passed. Appellant No. 1 is in jail and the appellant Nos. 2 and 3 are on bail.