BHASKAR DNYANU SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants /original accused Nos.1 to 4 and 6 who stand convicted for offence punishable under Sections 143, 147, 148, 324, 451 and 302 of the Indian Penal Code and sentenced to rigorous imprisonment for three months, rigorous imprisonment for six months, rigorous imprisonment for one year, rigorous imprisonment for one year, rigorous imprisonment for one year and to each accused to pay fine of Rs.300/- in default of which to undergo rigorous imprisonment for two months and imprisonment for life and to each accused to pay a fine of Rs.3,000/- in default of which to undergo further rigorous imprisonment for two years, respectively, with a direction that the substantive sentence shall run concurrently, by the 4th Additional Sessions Judge, Satara, by judgment dated 7 September 1998, in Sessions Case No.86 of 1989 by this Appeal question the correctness of their conviction and sentence.

(2.) Briefly stated the facts as are necessary for the decision of this Appeal are as follows :

(3.) P.W.16 Dy.S.P. Ajit Patil who was entrusted with the investigation of Crime No.232 of 1988 recorded the supplementary statements of the witnesses. Accused Vasant was arrested and his clothes were seized. A search was made for the absconding accused. During custodial interrogation, accused Vasant expressed his willingness to point out the place where his clothes had been concealed. Accordingly a memorandum was drawn and the accused led the police and the pancha and produced his clothes which were seized. Accused Mohan during custodial interrogation also expressed his willingness to produce his clothes and accordingly a memorandum was drawn. Accused Mohan led the police and the pancha and produced his clothes which were seized. On 15 December 1988, P.W.12 Executive Magistrate Sharad Sudam was requested to hold the test identification parade. The accused were referred to the medical officer for drawing their blood sample. During custodial interrogation, accused Vasant expressed his willingness to point out the place where sticks had been concealed. Accordingly the disclosure memorandum of the accused was recorded. The accused led the police and the pancha and produced the sticks which were seized. On 19th the clothes of Laxmibai were seized. Accused No.6 Mugutrao was arrested. During custodial interrogation, accused No.6 Mugutrao expressed his willingness to point out the place where an axe and his clothes had been concealed. Accordingly a memorandum was recorded and the accused led the police and the pancha and discovered the axe and clothes which were seized. Statements of witnesses were recorded. Further to the completion of investigation, a charge-sheet against the accused was submitted.