JAGAN SHANKAR BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and order in Session Case No. 1174 of 1996, passed by the Additional Sessions Judge, Kalyan, whereby the appellants - respective accused, have been convicted for the offence punishable under the provisions of Indian Penal Code and have been sentenced to suffer rigorous imprisonment for life for offence under Section 302 read with Section 149, and imprisonment for five years for the offence punishable under section 326 read with Section 149, rigorous imprisonment for one year under Section 147 and 148 of the IPC and for one month under section 341 read with Section 149 of Indian penal Code and have also been awarded fine, including all other consequential orders. Therefore, this Appeal No. 654 of 1999 by the appellants-original accused Nos. 8, 9, 10, 11, 12 and 17 and Appeal No. 558 of 1999 by appellant - original accused No. 19.

(2.) THERE were 24 accused charged for the offences punishable under various sections of the IPC, as referred above. Except the above appellants, all the other accused have been acquitted. On 13th March, 1995, PW 3 -the complainant Yamunabai Babu Patil, along with her husband and other relatives, had been to village Wasar for bringing newly married daughter-in-law back to their house. They started at about 4. 00 p. m. , from village Wasar to Newali by a jeep. While coming back to their village Newali, one Jagan Shankar Bhoir, accused No. 8, put across his bullock cart in front of their jeep. The complainant's husband viz. Babu Patil, who was driving, therefore halted the jeep. Suddenly, Laxman Bhoir appellant no. 6/accused No. 9, Dilip Sawlaram Bhoir appellant No. 3/accused No. 10, Butya Dhaklya bhoir appellant No. 4/accused No. 11, Ramesh raz Santu Patil appellant No. 5/accused No. 12 and Dinesh Shankar Bhoir appellant/accused no. 19, along with others, started throwing chilli powder and surrounded and assaulted the deceased Babu Patil with swords, knives and guptis. The complainant and her sister-in-law intervened. They were also injured on their hands. The appellants then ran away. The complainant and the other injured were taken to the Police Station and thereafter, to the central Hospital, Ulhasnagar. The complaint was recorded by PSI Bagwe in the hospital. The offence was accordingly registered. The Police officer PW 20 - Shri. Pandit Ramchandra Patne proceeded to the spot. It was between two villages Bhalgaon and Wasargaon. The Inquest panchanama of the dead body was drawn. Various materials were seized and attached from the spot under the Spot Panchanama. The blood samples of Bhagubai and Yamunabai were also collected. The sword, which was thrusted in the abdomen of the deceased, was also removed out on the same day. On 14/3/95 the blood stained clothes of the accused were attached by PI Patne. On 15th March, 1995, the bullock cart was also attached. On 17th March, 1995, the weapons were also attached at the instance of the accused Dilip Bhoir. On 18the march, 1995, PI Patne attached four swords at the instance of the accused Dhaklya. On 19th march, 1995, the clothes worn by Yamunabai and Bhagubai were also attached. On 19th march, 1995, accused Dilip Bhoir was arrested. On 20th March, 1995, Pandharinath and shantaram were arrested. On 22nd March, 1995, the axe, at the instance of the accused laxman, was recovered. Accused Suresh and bharat were arrested on 24th March, 1995. The accused Balya, Motiram and Dhanji were arrested on 28th March, 1995. Accused Prakash was arrested on 30th March, 1995, and accused ashok was arrested on 31th March, 1995. One arun Patil was arrested on 1st April, 1995. The blood samples were sent to the Chemical analyzer for chemical analysis. The matter was investigated and, after collecting the information and the material, all the accused were charge-sheeted. All of them pleaded not guilty. They totally denied the charges and contended that the deceased was assaulted by unknown persons when he had got down from the jeep for easing himself behind the tree. Based on 20 witnesses and various documents on the record, the learned Sessions Judge has passed the impugned order and convicted the appellants, as stated above. Therefore, this appeal.

(3.) WE have heard the learned counsel for the appellants and the A. P. P. for the respondent/state. We have been taken through the testimonies of all the witnesses and the record of the case. After re-appreciating the testimonies and the material placed on the record and, after considering the submissions made by the respective parties, we are of the view that the impugned judgment and the order needs no interference. The impugned Judgment order is confirmed, except against original accused No. 19 - Dinesh Shankar Bhoir the appellant in Appeal No. 558 of 1999.