PANDURANG BABU KONKERI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal 502 of 1993 is filed by original accused No.1, while Criminal Appeal 472 of 1993 is filed by original accused Nos.2, 3 and 4. The Appellants who stand convicted for offence punishable under Sections 302 and 307 read with 34 of the Indian Penal Code and accused Nos. 2 to 4 who are sentenced to imprisonment for life and each accused to pay fine of Rs.500/-, in default of which to undergo rigorous imprisonment for two months and rigorous imprisonment for three years and each accused to pay fine of Rs.500/- in default of which to undergo further rigorous imprisonment for two months, by the Additional Sessions Judge, Kolhapur by judgment dated 12 August 1993, by these Appeals challenge the conviction and sentence. Since original accused No.1 was not sentenced, a reference is made by the Trial Cort under Section 318 of the Code of Criminal Procedure for passing sentence against him. The Appeals and the Reference are being accordingly decided by this common judgment.

(2.) Facts in brief as are necessary for the decision of these Appeals may briefly be stated thus :

(3.) P.W. 7 P.S.I. Shivprasad Galimath, who was also attached to Police Station Gadhinglaj was informed about the incident by the P.S.O. He accordingly proceeded to the hospital at Gadhinglaj and enquired with the Medical Officer if the injured was in a fit condition to give his statement. The Medical Officer informed P.W.7 P.S.I. Galimath that the injured was in a fit condition to give his statement and accordingly recorded the statement of the injured at Exhibit 25. On the basis of the said report of P.W. 1 Rama, an offence vide Crime No.219 of 1988 was registered under Sections 302, 307 and 342 read with 34 of the Indian Penal Code. Accused Nos.1 and 2 were arrested under arrest panchanama at Exhibit 13. The clothes on the person of accused Nos.1 and 2 were accordingly seized. On 27 September 1988 he visited the scene of incident at about 6.00 p.m. and noticed the dead body of deceased Birappa. An inquest panchanama of the dead body was drawn at Exhibit 25 in the presence of panchas. The dead body was referred for postmortem examination. From the scene of incident, axe, sticks and one string were seized under the scene of incident panchanama at Exhibit 26. Statements of witnesses were recorded. The clothes of deceased Birappa were seized. The seized property was thereafter referred to the Chemical Analyzer under requisition at Exhibit 28. Further to the completion of investigation, a charge-sheet against the accused was submitted.