LAXMAN BABAN WAGHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15-6-1999 passed by the II Additional Sessions Judge, Kalyan, in sessions Case No. 229 of 1997, holding the Appellants guilty under sections 302, 201 read with 34 of Indian Penal Code (hereinafter referred to as I. P. C. ) and thereby sentenced to suffer imprisonment for life for the offence punishable under section 302 read with 34, Indian Penal Code and further sentenced to suffer simple imprisonment for three years and to pay a fine of Rs. 100/- (Rupees One hundred Only) in default to suffer simple imprisonment for fifteen days, for the offence punishable under section 201 read with 34, Indian Penal Code.

(2.) Initially, there were five accused persons against whom the prosecution was launched by the State. However, accused Nos. 1, 2 and 5 have been acquitted by the II Additional Sessions Judge, Kalyan. The present appeal has been preferred by Original accused Nos. 3 and 4. (For the sake of convenience, they are referred to as accused Nos. 3 and 4 respectively)

(3.) The deceased is Harishchandra Bhoir. He was employed with one pundalik Mhatre as watchman on the building namely "aditya Kutir" situated at anand Nagar, Dombivli. The deceased used to report for his duty at the building everyday from 6. 00 p. m. to 6. 00 a. m. of the next day. On 14-3-1997, he reported to his duty at 6 p. m. However, on 15-3-1997 some of the labourers on the site reported to the complainant P. W. 1 that four persons, namely two women and two men have beaten Harishchandra- the deceased and have taken him by dragging him. Therefore, P. W. I, the informant went to the site at Anand Nagar and searched around the said building. At about 4. 00 p. m. the dead body of harishchandra was found in a ditch. It was accordingly reported to the police and thus the First Information report was recorded. Crime No. 46/97 was registered under sections 302, 201 read with 34, Indian Penal Code. An Inquest panchanama (Exhibit 12) was prepared and the dead body was sent for postmortem. The post mortem report is at Exhibit 15. P. W. 2 is the witness on account of discovery in respect of the wooden rafter (Article 13) and wooden stump (Article 14). There is only one eye witness, P. W. 7 Moglayya Papayya. Arrest of the accused was effected on 15-3-1997 by panchanama (Exhibit 29) and at that time clothes of the accused were seized, which were blood-stained. The chemical Analysis Report is at Exhibit 39. After completion of investigation, the chargesheet was filed. The accused were tried. Out of the five accused, accused nos. 1, 2 and 5 have been acquitted and accused Nos. 3 and 4 have been convicted. It is to be noted that there is no dispute over the crime that the death of harishchandra Bhoir is homicidal. Even from the perusal of Exhibit 15, postmortem report, which is an admitted document, it will be revealed that the cause of death is Criminal cardiac arrest to haemorrhage shock due to fracture of chest and laceration of lungs and liver. Thus, from this cause it is revealed that the death is due to the injuries as noticed in column No. 17 of the post-mortem report. The post-mortem report shows that there were injuries on the right cheek, clw 1 x 1 inch, Right back scratch marks Occipul, 1 inch-transverse. From column No. 18 it is revealed that the chest wall was fractured and the right shoulder was dislocated. From column No. 19 it is revealed that there was injury under the scalp 1 inch transverse and 1x1 inch deep, there was fracture on occipul region. On examination of thorax, it was found that there was right fracture of 2nd ribs - downwards, Pleura Left side lower 5 total ribs parallel. It was equally found that the left scapula was fractured. The internal wounds were also found to be co-related with the external wounds. Taking into consideration all these material, coupled with the inquest panchanama, it is conclusively proved that the death of the deceased was a homicidal death.