BHANUDAS RANOBA TELE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants/original accused no 1 to 6, who stand convicted for the offence punishable under Section 147, 148, 149, 201, 324, and 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and fine of Rs. 5000/-each, and independent sentences to suffer R.I. for one year for the offence punishable under Section 147, 148 of the Indian Penal Code, R.I for three years for the office punishable under section 324 read with Section 149 and R.I. for three years and fine of Rs. 1000/- and in default R.I. for six months under section 201 read with Section 149 of the Indian Penal Code, with a direction that the substantive sentences shall run concurrently, by the Ist Ad hoc Sessions Judge, Pandharpur, by judgment dated 8.5.2007 in Sessions Case no.102 of 2006, by this appeal challenges their conviction and sentence.

(2.) Facts as are necessary for decision of this appeal may briefly be stated thus:-

(3.) P.W.27 API Prashant Pandurang Sampate on 20.7.2006 arrested accused nos.1 to 4 and 6. A supplementary statement of the complainant was recorded on 21.7.2006. API Prashant recorded statements of witnesses namely Mahadeo Kolekar, Balu Burange, Ankush Takale and Pandurang Bandgar. During custodial interrogation on 21.7.2006 accused no.6-Dattatray Laxman Raut expressed his willingness to show the spot where the dead body was thrown as also show the knife used in committing the offence. Accordingly a memorandum at Exhibit 56 was drawn in the presence of panchas. Accused no.6-Dattatraya led the police and the panch witnesses to the spot by the Wadegaon-Medshingi road and from there proceeded to Kadlas road. Accused no.6 asked to stop the vehicle near the turn known as 'Mhasoba Valan' (Mhasoba turning), the spot of the incident was shown by accused no.6. Accused no.6 further showed the path by which the accused had taken the dead body. Thereafter, accused no.6 asked to stop the vehicle at Sonand road near water tank and informed that the knife was thrown near the water tank. A search for the knife was undertaken but the knife could not be traced. Thereafter Accused No 6 led them via Dongargaon to reach at Walekhindi near the railway track. Accused no.6 showed the spot where the dead body was thrown on the railway track. API Prashant and the panch witnesses noticed blood stains on the soil as also noticed mark of dragging gunny bag. API Prashant accordingly prepared panchanama at Exhibit 57.