STATE OF MAHARASHTRA Vs. GANGADHAR ANGADRAO BHONSALE

JUDGEMENT

(1.) THIS criminal appeal is against order and judgment passed by additional Sessions Judge, Wardha in Sessions trial No. 9/1984 on 11-6-1992 acquitting the respondents of the offence punishable under sections 147, 148, 307 read with section 149, i. P. C.

(2.) THE incident which gave rise to the prosecution against respondents took place on 21-8-1983 at about 10. 00 a. m. at village khairi and the victim of assault was Janardhan shamrao Wagh (P. W. 2 ). The victim was residing with his mother - Deokabai (P. W. 8), wife - Vimalbai (P. W. 9) and daughter Vakila (P. W. 13) at village Khairi. Respondent -Gangadhar - original accused no. 1 and Arun (Original accused No. 3) are sons of respondent- Angadrao (Original accused No. 2 ). Respondent Pandurang (Original accused no. 4)and Madhukar (original accused no. 5) are real bothers, while respondent - Sheshrao (Original accused no. 6) and Ramesh (Original accused no. 7) are sons of respondent - Pandurang. Witness Shankarrao (P. W. 1) who in fact lodged the report - Exhibit 44 in respect of the incident that took place on that date in which victim janardhan was assaulted is uncle of victim. His son Deepak went to his shop at about 10. 00 a. m. and informed him that there was quarrel between Janardhan and accused Angadrao and pandurang. Shankarrao went to Khairi and saw his nephew Janardhan injured. Mother and sister and Janardhan removed him to Primary health Center, Anji. Then Police Patil of village anji and Shankarrao went to Kharangana Police station and there report was lodged.

(3.) THE actual incident that took place was described by victim - Janardhan in his evidence before the court. According to him he had been to the house of his uncle Krishnarao and as the latter was not at home he was returning to his house, but on his way to his house, when he reached near the house of accused - Pandurang, he saw accused -Pandurang abusing one Sahebrao (P. W. 10 ). It appears that the victim - Janardhan advised sahebrao to give report against accused who was abusing him. That time accused Angadrao, gangadhar, Arun, Madhukar, Sheshrao and ramesh reached to the spot where Janardhan was and started assaulting him. It is the case of the prosecution that accused - Gangadhar was holding knife while rest of the accused persons were armed with the sticks and they assaulted janardhan. As a result of assault by Gangadhar with knife Janardhan sustained stab wounds on his person and simultaneously other accused persons were beating Janardhan with sticks. It is alleged that at that time all the accused were saying to kill Janardhan. At that time Damodhar dahake, Sahebrao Khirale and Devchand kamble were passing by. At that time Vakila sister of Janardhan (P. W. 13) while going by the side saw the incident in which Janardhan Was being assaulted. She immediately rushed to inform her mother Deokabai (P. W. 8) about the incident of assault on Janardhan and then they reached to the spot. In fact according to the witness - Deokabai when she reached there, actually fell on the body of Janardhan to save him from beating by accused. After Janardhan was brought to the hospital, his statement was recorded. The victim Janardhan was examined by Dr. Yerawar (P. W. 3 ). He issued certificate- Exhibit 48 in respect of injuries notice on his person. As can be seen from the certificate -Exhibit 48, there were in all four stab wounds suffered by the victim Janardhan. He was admitted at Sevagram Hospital. His statement was also recorded after he was certified by the doctor that he was in a fit state of health to make a statement. In respect of the report lodged by witness - Shankarrao an entry was made in station dairy that accused Angadrao and his sons as well as Pandurang and his sons assaulted janardhan. It was on the basis of the report -Exhibit 44 lodged by witness - Shankarrao and the report Exhibit 46 lodged by the victim janardhan in the form of his statement recorded, the first information report - Exhibit 88 was drawn. An offence was registered vide C. R. No. 84/83 against accused persons. P. S. I. Vasant Jagnattharao who was then attached to kharangana Police Station carried out investigation. The accused were arrested and the blood stained clothes of accused no. 1 -Gangadhar came to be seized by making necessary panchanama. He also seized under panchanama - Exhibit 54 three sticks from the house of accused no. 4 - Pandurang, he attached from accused Madhukar one stick under panchanama - Exhibit 55. On 23-8-1983 accused no. l - Gangadhar while in custody made a statement that accused no. 3 has kept a knife in his field, as per the memorandum exhibit 75. Accused no. 3 Arun also disclosed the fact that he had kept the knife in the field as per the memorandum - Exhibit 77. Then accused no. 3 Arun in pursuance of the statement made by him took out knife (Article no. 9) which came to be seized. Articles seized were sent to chemical Analyser, Nagpur for analysis vide requisition-Exhibit 42. After receipt of reports from Chemical Analyser vide - Exhibits 89,90 and 93 and completing the investigation the charge-sheet came to be filed in the court of judicial Magistrate First Class, Arvi who later on committed the case to the court of sessions.