AMAR RAMESH LOHKARE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction dated 24.9.2014 passed by the learned Additional Sessions Judge-6 Nagpur in S.T. No.612/2011 thereby convicting the appellant (Ori. accd. No.-Sumit s/o Ramesh Chintalwar and appellant Amar alias Chhotu Ramesh Lohkare (Ori. accd.No.2), under sections 147, 148, 302 read with Section 149 of the Indian Penal Code and u/S. 4/25 of Arms Act and sentencing them to undergo (i) R.I. for life and to pay a fine of Rs. 2,000/- and, in default, to suffer R.I. for six months u/S. 302 r/w S. 149 of IPC; (ii) R.I. for six months and to pay a fine of Rs. 500/- and, in default, to suffer R.I. for six months u/S. 147 of IPC and; (iii) R.I. for one year and to pay a fine of Rs. 750/- and, in default, to suffer R.I. for two months, under section 148 of IPC and (iv) R.I. for one year and to pay a fine of Rs. 500/- and, in default, to suffer R.I. for two months, u/S. 4 (25) of Arms Act, the appellant Sumit Chintalwar has preferred the Appeal bearing Criminal Appeal No. 558/2014 and Amar Lohkare has preferred an Appeal bearing Criminal Appeal No.521/2014.

(2.) The prosecution case in a nutshell is that, PW 1Rajesh Ghongade, is serving in Police Department as a Constable. On 10.8.2011 between 10.30 and 10.45 a.m., Rajesh Ghongade (PW 1) and his brother Ganesh alias Pinku (deceased) were proceeding towards Jadumahal Chowk from Rajkamal Chowk on their respective motorcycles. Sumit Chintalwar (appellant/accd.No.1) and his associates who were 17 to 18 in numbers, were standing in Jadumahal Chowk armed with deadly weapons. When Rajesh (PW 1) and his brother Pinku (deceased) reached Jadumahal Chowk, the appellant/accd. No.1 Sumit called the deceased by saying "Ye Pinku rook". On hearing this, Pinku (deceased) stopped his motorcycle. Rajesh (PW 1) also stopped his motorcycle at some distance. As soon as Pinku halted his motorcycle, Sumit and Nayan Chintalwar (absconding accused) and their associates apprehended and cordoned him. Pinku, therefore, tried to run away from that spot by leaving his motorcycle. However, the accused persons chased and caught hold of him and started assaulting him by means of small sword, knives, chopper, blade of spear and weapons like Farsha, due to which the deceased fell down in a pool of blood. Amar Lohkare (accused No.2) and Pravin Murarkar (accused No.11) assaulted Pinku by means of stones on his head. It is the case of the prosecution that by seeing such incident, Rajesh (PW 1) got frightened and fled away from the spot. The accused persons also left the said place on assaulting Pinku. PW 1-Rajesh then proceeded to the Police Station and lodged the complaint against the accused persons (Exh. 112).

(3.) At the relevant time, Police Inspector Prakash Bada (PW 11) was attached to Ajni Police Station. On receipt of the said information, an offence came to be registered. The printed FIR is at Exh.113. Police Inspector, Prakash Bada (PW 11) then proceeded to the place of the incident along with PSI Paradkar and other police staff. They noticed the deceased lying in a pool of blood and, at some distance, one Bullet motorcycle was also found lying on the ground. P.I. Bada (PW 11) seized two mobiles and big stones and bracelet of white metal as well as Bullet Motorcycle. Samples of plain earth, blood mixed earth and plain earth from the place of the incident were taken in the presence of two panchas. P.I. Bada recorded the spot panchnama (Exh.124). PSI Paradkar sealed all those articles. PI Bada thereafter sent the dead body of Pinku to Government Medical College and Hospital for post-mortem examination. He conducted the inquest panchnama in the mortuary in the presence of two panchas (Exh.193).