UDHAV MAROTI KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused in Sessions trial No. 39 of 2004, who stand convicted for an offence punishable under section 307 read with section 34 of the Indian Penal Code and sentenced to imprisonment for ten years and fine of Rs. 1,000/- each, in default of payment of fine further imprisonment for one year and original accused No. 1 Udhav stands additionally convicted for the offence punishable under section 326 of the Indian penal Code and sentenced to imprisonment for two years and fine of Rs. 1,000/-, in default of payment of fine to undergo further imprisonment for one month, by the Additional Sessions Judge, Basmathnagar, by judgment dated 6th August, 2005, by this appeal question the correctness of their conviction and sentence. The appellants also question the correctness of the order of the trial Court awarding compensation of Rs. 1,00,000/- under section 357 of the Code of criminal procedure to the complainant/respondent No. 2.

(2.) Such of the facts as are necessary for the decision of this appeal can be summarized as under :-P. W. 9 Hanumant Marakwad, a Head Constable who was attached to police station, Basmathnagar, was on MLC duty on 26-10-2003. He recorded the statement of P. W. 2 Balu at Exh. 42. On the basis of the said statement Head constable Putwal registered the offence vide Crime No. 181/2003 for offence punishable under section 307 read with section 34 of Indian Penal Code. Upon registration of the offence, the investigation thereof was entrusted to P. W. 8 trimbak Ban, an A. P. I, attached to police station, Basmath. On being entrusted with the investigation, P. W. 8 A. P. I. Ban immediately arrested accused No. 1 on 27-10-2003. On 27-10-2003 P. W. 8 A. P. I. Ban drew the scene of the offence panchanama at Exh. 59 and from the scene of the offence one shoe, iron bar, one pair of chappal, one palm which had been amputated from the wrist, one towel, plain earth and blood mixed earth came to be seized. Accused Maroti also came to be arrested. In the evening accused Narhari came to be arrested. During interrogation accused No. 1 Udhav expressed his willingness to point out the place where the Katti (sickle) had been hidden. The aforesaid memorandum therefore came to be recorded in the presence of P. W. 5 Kalidas vide Exh. 50. The memorandum of accused Maroti in regard to pointing out the place where the axe had been hidden was also recorded in the presence of the panchas at Exh. 51. The accused discovered the aforesaid weapons which came to be seized under panchanamas at Exh. 53 and 54. Accused Narhari expressed his willingness to point out the place where he had hidden an iron rod. The memorandum is at Exh. 52. Accused Narhari took the police and the panch to his house and produced an iron rod which came to be seized under panchanama at exh. 55. The palm which had been amputated in the incident, was referred to the medical Officer along with the requisition at Exh. 64. The accused were referred to the Medical Officer for obtaining their sample for the examination of their blood. Clothes on the person of accused Udhav and Maroti came to be seized vide panchanama at Exhs. 47 and 48. The seized property was referred to the chemical Analyser along with the requisition. The report of the Chemical analyser is at Exh. 67. P. W. 2 Balu had been examined by P. W. 6 Dr. Satish tak who noticed the following external injuries :-

(3.) On the case being committed to the Court of Sessions, trial Court framed a charge against the appellants for offence punishable under section 307 read with section 34 of Indian Penal Code and additionally against accused No. 1 udhav for an offence punishable under section 326 of Indian Penal Code. All the accused denied their guilt and claimed to be tried. Prosecution in support of its case examined nine witnesses. The trial Court accepted the prosecution case and convicted and sentenced all the appellants for the offence punishable under section 307 read with section 34 of Indian Penal Code and also convicted and sentenced accused No. 1 Udhav for offence punishable under section 326 of indian Penal Code. The trial Court also directed accused No. 1 to pay Rs. 1,00,000/- as compensation to P. W. 2 Balu under section 357 of the Code of criminal Procedure.