SANTOSH S/O. DEVANAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of three Criminal Appeals is decided by this common judgment, since the challenge therein is to one and the same judgment and order of conviction and consequential sentence passed by learned Addl. Sessions Judge, Bhokar, Dist. Nanded (trial Court) in Sessions Case No.20 of 2015. Vide the impugned judgment and order, the appellants have been convicted for various offences and consequentially sentenced therefor. The details thereof are given below in the tabular form:-

(2.) The case of prosecution, in brief, is as follows:-

(3.) The police drew crime scene panchnama (Exh.35) in the presence of PW 2 - Ganesh Rathod. Sample of blood spilled on the spot was obtained. The informant accompanied the police to the police station and lodged FIR (Exh.29), alleging therein the appellants to have assaulted Yogesh, Ramdas and other family members with deadly weapons. The vehicles, wherein Yogesh along with his family members and the informant had been to village Kamari, too were subject of assault, causing lot of damage thereto. Based on the same, crime vide C.R. No.34 of 2015 came to be registered with Himayatnagar Police Station, Dist. Nanded, for the offences punishable under Ss. 120-B, 143, 147, 148, 149, 307, 302 and 427 of Indian Penal Code. The appellants were arrested. Clothes on their person were taken charge of under various panchnamas. The clothes on the person of the deceased Yogesh and the injured were also seized. Mortal remains of Yogesh was subjected to inquest and autopsy. Each of the appellants made disclosure statements, pursuant to which the weapons of assault, wielded by each of them, came to be recovered under different panchnamas. Medical certificates of the injured were obtained. Statements of the persons acquainted with the facts and circumstances of the case were recorded. The seized articles were submitted to F.S.L. The CA reports were received. Upon completion of the investigation, charge sheet was filed against the appellants before the Court of Judicial Magistrate, First Class, Himayatnagar, Dist. Nanded, which, in turn, committed the case to the Court of Addl. Sessions Judge, Bhokar.