BABOO RAMCHANDRA SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were charged, tried and convicted for the murder of Appasaheb Ramchandra Shinde (the deceased ). Therefore, this common appeal.

(2.) THE deceased was the real brother of appellant Nos. 1 and 2 (accused nos. 1 and 2 ). Appellant No. 3 is the son of appellant No. 2. Appellant Nos. 1 and 2 were residing together at village Digraj. The deceased was also living with his family in the same lane at the relevant time. Pandurang (P. W. 5) and Vasant are the real brothers of appellant Nos. 1, 2 and the deceased. A jointly owned land at Savalaj was sold by the said pandurang and Vasant, without consulting the deceased. The share of the sale proceeds were not received by the deceased. The residential house of the deceased went to the share of pandurang. The deceased was not ready to vacate the same. It is the prosecution case that on 8th August, 1997, accused Nos. l, 2 and 3 and some unknown persons entered the said house of the deceased and gave threats to vacate the said house. At that time, the deceased was not in the house.

(3.) AS per the prosecution, on 9th august, 1997, in front of Police Post, at village Kasbe, Digraj, Taluka Miraj, District sangli, between 6. 30 p. m. to 7. 00 p. m. , when appasaheb (the deceased) alighted from the bus, at the Bus Stop, which is near the Police chowky, all the accused with common intention attacked the deceased by sickle, sword and khukri. The deceased, because of the injuries and profused bleeding, died on the spot. This incident, as per the prosecution, was witnessed by Jaipal Patil, a Police constable (P. W. 10) who was, at the relevant time, standing at a Pan shop near the Police chowky. Before Jaipal (P. W. 10) could reach the spot, the deceased was already dead because of the serious injuries. The appellants ran away from the spot. The complainant, because of his illness, could not chase them. The son of the deceased viz. Amar (P. W. 6) as alleged, had noticed that all the accused, with the weapons, were running towards the house of accused No. 2. As he had also noticed a crowd, he went to the place of the occurrence and found the dead body of his father. He rushed immediately to the house and along with his mother, sister and other family members, returned to the spot of the incident. P. W. 10 Jaipal stood near the dead body for about 15-20 minutes. He, thereafter reported the incident to vishrambaug City Police Station, Sangli, on phone. He was unable to contact Sangli Rural police Station. On information, at about 8. 00 p. m. , A. P. I. Bagal (P. W. 16) reached the spot at Digraj. He recorded a Panchanama of the scene of offence and an inquest on the dead body. On a third attempt, he was able to record the statements and a complaint of vaishali, the daughter of the deceased (P. W. 7 ). The same was registered as C. R. No. 79/1997 by the Police Station, Sangli (Rural ). On 10th August, 1997, A. P. I. Bagal, visited Digraj and interrogated 15 witnesses, including Constable Jaipal Patil (P. W. 10) and recorded their statements also. The appellants-accused were absconding and, therefore, could not be arrested till 22nd august, 1997. In the meantime, in the search of the house of accused No. 2, the sickle and the khukri were seized and attached. It is the prosecution case that the appellants' clothes were blood-stained, when they were arrested on 22nd August, 1997. On 24th August, 1997, the blood stained sword was seized in the presence of P. W. 2. The investigation was completed by P. W. 16, Vijay Bagal and the appellants were charge-sheeted. The defence of the appellants was of the total denial and false implication. The learned Judge, after considering the material on the record, convicted the accused under Section 302 r/w 34 of the Indian Penal Code (I. P. C) and has imposed the sentence to suffer rigorous imprisonment for life.