PARSHURAM BHIVA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to their conviction by the learned Additional sessions Judge, Raigad-Alibag for offences punishable under Sections 302, 307 read with 34 of the Indian Penal Code and the resultant sentences imposed upon them, the appellants have preferred this appeal.

(2.) The facts, which gave rise to the prosecution of the appellants are as under :-The appellants and the deceased bhagwan Mokal were residents of Village rave, Taluka Pen, District Raigad. It seems that there was some political rivalry between the victim and the appellants. On 12. 5. 1990, at about 7. 30 p. m. the victim, accompanied by complainant - Ganesh, had gone to answer call of nature in nearby agricultural land, known as 'khartan'. Suddenly, the four appellants came there and started dragging the deceased towards the water tank. All of them were armed with knives. They started giving blows by knives on Bhagwan Mokal. When Ganesh Patil went to Bhagwan's rescue, he too received blows by knife from accused No. 3 ramkrishna. Both Bhagwan as well as ganesh fell on the spot. When the villagers came to the spot, the accused ran away. On a report of Ganesh, the police registered the offence and commenced the investigation.

(3.) During the course of investigation, police performed inquest on the dead body and sent it for post-mortem examination, performed panchanama of the spot, seized incriminating articles, recorded statements of the witnesses, sent the incriminating articles to forensic science laboratory, and, on completion of the investigation, charge sheeted the appellants before the learned judicial Magistrate, First Class, Pen, who in turn, committed the case to the Court of sessions at Raigad-Alibag.