SANDIP @ AABYA KALU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.441 of 2016 is filed by the original Accused Nos.1 and 2 challenging their conviction, for the offence punishable under Sec. 302, 341 read with 34 of the Indian Penal Code, in Sessions Case No. 225 of 2013, by learned Additional Sessions Judge, Jalgaon thereby sentencing them imprisonment for life with fine of Rs.5000.00 each with default clause.

(2.) Criminal Appeal No. 497 of 2016 is preferred by the State under Sec. 377 of the Criminal Procedure Code and Criminal Appeal No. 469 of 2016 is filed by the informant under Sec. 372 of the Criminal Procedure Code, for enhancement of sentence.

(3.) Facts, as are necessary for deciding these Appeals, can be stated thus - Anil Adhar Patil (PW-1) lodged FIR (Exhibit-42) on 18 th July, 2013 alleging that, at about 10.00 a.m., he had gone towards Sarve Dam for grazing cattle. His cousins, Sandip Madhukar Patil, Pradeep Madhukar Patil and Jaywant Madhukar Patil were supplying manure to cotton crop. At about 3.00 p.m., he heard noise of quarrel from the road situated near the field of Kalu Gojar Patil. He saw that, Accused No.1 Sandip Kalu Patil and Accused No.2 Vijay Kalu Patil, were beating his cousin Sandip on hands and legs, by means of iron pipes, therefore, he rushed there. He was followed by other cattle grazers, namely Sanjay Sahebrao Patil, Nimba Devram Patil (PW-2) and Devidas Vithal Patil. Seeing them, Accused Nos.1 and 2 fled from the spot towards Neri - Bhamre Road, on their motorcycle. Anil, (for short 'informant'), on reaching the spot, noticed that Sandip (for short "deceased") was lying by the side of the road and there were injury marks on his legs and hands caused by iron pipes and blood was oozing from some of the injuries. On asking, the deceased told him that when he was proceeding towards his house for watering cattle, Accused Nos.1 and 2 obstructed his motorcycle and on account of dispute which aroused prior to two years, due to loading sugarcane in a vehicle, beat him (deceased) on hands, legs as well as on stomach, by means of iron pipes. The informant informed the incident to the brothers of the deceased, namely Pradeep (PW-5) and Jaywant on phone and asked them to come with bullock cart. When Sandip (deceased) was carried in the bullock cart, towards village Bhamre, he narrated the incident of assault to PW-5 Pradeep and Jaywant. Then the deceased was taken to Sai Krushna Hospital, Chalisgaon at 4.40 p.m. in Piaggeo rickshaw of Dashrath Dadabhau Patil. The doctor, on medical examination, advised to shift him to Dhule for further treatment. Accordingly, they took the deceased to Dhule in an Ambulance. At about 5.45 p.m. the deceased expired at Dhule Square and, therefore, without taking him to Dhule, they brought the deceased back to Chalisgaon and the informant lodged the FIR to Chalisgaon Police Station, which was registered at Crime No.223 of 2013 for offence punishable under Sec. 302, 341 read with 34 of the Indian Penal Code, on 18/7/2023 at 20.15 hours. On completion of the investigation, charge sheet was filed. Charge for offence punishable under Sec. 302, 341 read with 34 of the Indian Penal Code was framed against the Accused. They pleaded not guilty.