SHRIRANG NAMDEO CHANDANSHIVE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants who stand convicted for offence punishable under sections 147,148,149, 302 and 506 Part II of the Indian Penal Code and sentenced to R.I. For 6months and each accused to pay fine of Rs.500/- in default of which to undergo further R.I. for 15 days, R.I. for 1 year and each accused to pay fine of Rs.1000/- in default of which to undergo further R.I. for 1 month, imprisonment for life and each accused to pay fine of Rs.2500/- in default of which to undergo further R.I. for 1 year and R.I. For 6 months and each accused to pay fine of Rs.500/- in default of which to undergo further R.I. for 15 days by the Additional Sessions Judge, Malshiras, by Judgment dated 30th July 2012 in Sessions Case No.29 of 2010, by this appeal questions the correctness of their conviction and sentence. Briefly stated facts as are necessary for decision of this appeal are stated thus:

(2.) PW 5 - API Anil Tanpure who was attached to Akaluj police station and on 8th January, 2009 was deputed to Shripur police outpost recorded the report of PW 3 Kailas Bhosale at Exhibit 19. On the basis of the report of PW 3 Kailas Bhosale he prepared an occurrence report and forwarded the occurrence report to Akaluj police station for registration of offence. On the basis of the FIR an offence was accordingly registered under sections 147, 148,149, 302, 504 and 506 of the Indian Penal Code and section 135 of the Bombay Police Act vide crime no.3 of 2009. Investigation of the said crime was entrusted to PW 5 - API Anil Tanpure.

(3.) On being entrusted with the investigation, he proceeded to the scene of the incident which was in the filed of Shamrao Chandanshive on the bank of riverlete on Jambul-Malwadi Road at village Chambul. On reaching the scene of the incident he noticed deceased Shamrao lying in his field. Deceased Shamrao had sustained injuries on head and chest and was bleeding. An inquest panchanama was accordingly drawn in the presence of panchas at Exhibit 37. The dead body was thereafter referred for post-mortem examination. A panchanama of the scene of the incident was accordingly drawn in the presence of panchas at Exhibit 38. From the scene of the incident samples of blood stains, samples of ordinary mud, blood mixed with mud, a pair of footwear, fishing cord with hook and white colour cotton bag were seized. A photographer was called to take photographs of the scene of the incident and photographs are at Exhibit 62 to 67. On next day, he recorded statements of witnesses and thereafter arrested accused no.1-Shrirang Chandanshive and accused no.2-Sakharam Chandanshive under arrest panchanama at Exhibit 25. Clothes of the accused were seized under seizure panchanama at Exhibit 34. Clothes of the deceased were seized under a seizure memorandum at Exhibit 33. Statements of witnesses were recorded and thereafter accused no.3-Tanaji Chandanshive was arrested under a arrest panchanama at Exhibit 26. On 13th January, 2009 during custodial interrogation, accused no.1-Shrirang Chandanshive expressed his willingness to point out the place where the axe had been concealed. A memorandum was accordingly drawn in presence of panchas at Exhibit 72. Accused no.1 - Shrirang Chandanshive led police and panch to his house and produced an axe and clothes which had been concealed under a babul tree. The axe and clothes were accordingly seized under a seizure memorandum at Exhibit 73. On 14th January, 2009 accused no.3-Tanaji Chandanshive during custodial interrogation expressed his willingness to produce his clothes and axe. Accordingly, a memorandum was drawn in presence of panchas at Exhibit 74. Accused no.3- Tanaji Chandanshive led police and panch to his house and from a heap of grass produced an axe and clothes which were seized under seizure memorandum Exhibit 75. Subsequenlty, accused nos.4 and 5 were arrested. Their clothes were seized under seizure panchanama at Exhibit 35. The arrest panchanama of accused nos. 4 and 5 is at Exhibit 27. The seized property was then referred to the Chemical Analyser, Pune under requisition at Exhibit 76. The sketch of the scene of the incident is at Exhibit 61. The report of the Chemical Analyser are at Exhibit 78 and 79. Exhibit 28 is the 7/12 extract of the land of one Bhiku Maruti Chandanshive. Accused no.6 who was absconding could not be traced. Further to the completion of investigation, a charge sheet against accused nos. 1 to 5 was filed. Accused no.6 was subsequently arrested and was accordingly tried with other accused.