SHIVAJI CHANDOJI KHILLARE Vs. STAT OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals the appellants-original accused in the trial challenge their conviction and sentence for offence punishable under section 302 read with sec. 149 of I. P. C. , 148 of I. P. C, 324 read with sec. 149 of I. P. C. and sentence of imprisonment for life and fine of Rs. 2,000/-each, with a default stipulation of undergoing further R. I. for six months, r. I. for one year and fine of Rs. 500/- each, in default of payment of fine each accused to further undergo R. I. for one month and R. I. for one year and to pay fine of Rs. 500/-, in default of payment of fine each accused to undergo further R. I. for one month restively, by the 4th Additional Sessions judge, Parbhani, by judgment dated 11. 12. 2003, in Sessions Trial No. 154 of 2002. Since both the appeals challenge the same judgment of the Trial court, both the appeals are being decided by this common judgment.

(2.) Such of the facts as are necessary for the decision of this appeal can briefly be stated thus :-P. W. 8 A. P. I. Subhash Laxman Anmolwar was attached to police station, Purna as A. P. I. On 10. 7. 2002 P. W. 4 Uttam came to the police station at about 6. 45 a. m. and informed P. W. 8 A. P. I. Anmolwar that he and the other family members had been beaten. Since P. W. 4 Uttam was in a frightened condition and was not in a position to speak properly, apparently his complaint was not scribed and, therefore, P. W. 8 A. P. I. Anmolwar along with other staff and P. W. 4 Uttam went to the area of dhangar Takali where the huts of P. W. 4 Uttam and others were situated. On reaching the scene of the offence, they noticed dead bodies of Gyanu dhage and Sanjay Dhage lying at two different places. Similarly they noticed that about 7 to 8 persons were injured. P. W. 9 P. I. Rathod started recording the inquest panchnama of the dead body of Gyanu and P. W. 8 a. P. I. Anmolwar was requested to shift the injured to the Government hospital, Purna for treatment. After taking injured for treatment at the government Hospital and after returning from the hospital, complaint of p. W. 4 Uttam at Exh. 42 came to be recorded. On the basis of the said complaint, an offence vide Crime No. 65 of 2002 under sections 302, 149, etc. of I. P. C. came to be registered. P. W. 9 P. I. Rathod drew the inquest panchnama of the dead body of Sanjay Dhage in the presence of P. W. 7 lawman and another panch. The same is at Exh. 47. Inquest panchnama of Gyanu is at Exh. 47. After the registration of the offence, P. M. 9 P. I. Rathod received copy of the first information report and thereafter drew the scene of the offence panchnama at Exh. 49 in the presence of panchas. From the scene of the offence where the dead body of Gyanu was lying, one rough stone, blood stained earth, broken pieces of bangles and control soil came to be seized. From the spot where the dead body of Sanjay was lying' blood mixed soil and control soil came to be seized. A rough sketch of the scene of the offence came to be drawn which is at Exh. 49. The dead bodies of Sanjay and Gyanu were referred for postmortem examination and post mortem was conducted by P. W. 3 Dr. Dwarkadas Zanwar. He noticed the following external injuries on the dead body of deceased sanjay:-

(3.) On the same day, the statements of witnesses came to be recorded. The accused came to be arrested on the same day. Original accused nos. 1 and 3 ca me to be arrested by P. W. 9 P. I. Rathod, while original accused nos. 2 and 4 came to be arrested by Dy. S. P. Deshmane. At the time of arrest, blood stained clothes and banian came to be seized from accused no. 1 pralhad vide Exh. 53 in the presence of witnesses. Dy. S. P. Deshmane arrested accused Shivaji in the presence of P. W. 9 P. I. Rathod and also seized blood stained pant and shirt vide seizure memo at Exh. 54. Blood stained clothes of accused no. 4 Uttam also came to be seized in the presence of p. W. 9 P. I. Rathod vide seizure memo at Exh. 55. Blood stained clothes i. e. pant and shirt came to be seized from the person of accused no. 3 Kerba vide seizure memo Exh. 56. Accused no. 5 Limbaji came to be arrested on 11. 7. 2002 and in the presence of panchas, blood stained Dhoti and shirt came to be seized from accused no. 5 vide seizure memo at Exh. 57. During the course of investigation, the appallant/accused came to be interrogated in the premises of Zilla Parishad school. During interrogation, accused no. 5 Shivaji made a disclosure statement that he will point out the stick hidden by him in his house. The said disclosure statement came to be recorded in the presence of witnesses and the same is at Exh. 58. Accused no. 5 Shivaji thereafter took the panchas and the police to his house and after entering the house produced one stick which had been hidden beneath zinc sheets. The said stick was found stained with blood and came to be seized in the presence of panchas vide panchnama at Exh. 59. After seizure of the stick, P. W. 9 P. I. Rathod returned back to the school along with the panchas and accused no. 2 Shivaji. Thereafter accused no. 4 Uttam was interrogated and accused no. 4 Uttam expressed his willingness to produce a stick. Accordingly, in the presence of panchas a memorandum was drawn at Exh. 60. Accused Uttam took the police and the panch to his house and after going inside produced one stick which was found to be stained with blood. The said stick came to be seized in the presence of panchas vide seizure memo at Exh. 61. After seizure of the stick, P. I. Rathod returned back to the school and interrogated accused no. 3 Kerba. During interrogation, accused no. 3 Kerba expressed his willingness to produce a stick and accordingly a memorandum was drawn in the presence of panchas at Exh. 62. Accused no. 3 Kerba took the panch and the police to his house and produced one stick which had been hidden beneath the zinc sheets. The said stick was found stained with blood and was accordingly seized in the presence of panchas vide seizure memo at Exh. 63. After seizure of the said stick, P. W. 9 P. I. returned back to the scene and interrogated accused no. 1 Pralhad. During interrogation, accused no. 1 pralhad expressed his willingness to produce one stick which had been hidden by him in the shrubs of Beshram tree near his house. Accordingly, a memorandum in the presence of panchas was drawn at Exh. 64. Accused no. 1 Pralhad took the police and the panch to his house and from near his house from the shrubs of Beshram tree, the accused produced one stick which was hidden. The said stick was found stained with blood and was accordingly seized in the presence of panchas vide seizure memo at Exh. 65. After seizure of the stick, P. W. 9 P. I. Rathod returned back to the school and interrogated accused no. 5. Accused no. 5 Limbaji expressed his willingness to produce a stick and accordingly a memorandum at Exh. 66 came to be drawn in the presence of panchas. Accused no. 5 Limbaji took the police and the panch towards his hut and from the hut produced one stick which had been kept towards the western side of the hut. The said stick was found stained with blood and was accordingly seized in the presence of panchas vide seizure memo at Exh. 67. After seizure of the said stick, P. W. 9 P. I. Rathod returned back to the school.