GURMITSINGH @ HIRASINGH SOHANSINGH DHILLO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Criminal Appeals challenge the Judgment and Order passed by the learned Additional Sessions Judge, Nagpur in Sessions Trial Nos.355 of 2011, 46 of 2012 and 381 of 2011 thereby convicting the present appellants for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/ each and in default to undergo further rigorous imprisonment for six months. The learned trial Judge has also convicted the appellants for the offence punishable under Section 364 r/w. 34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for three years and to pay a fine of Rs.1,000/ each and in default to undergo further rigorous imprisonment for three months.

(2.) The prosecution case, in brief, as could be gathered from the material placed on record, is thus : Deceased Kashmirasingh Bhatti was residing on 5th floor of Laxmi Height Building, Sonbanagar, Kalamna, Nagpur along with his son Satpalsingh Bhatti (PW1), aged about 16 years and wife Sukhwinder Kaur (PW4). He was running a garage on the ground floor of the said building. His brotherinlaw Baxisingh Gil (PW5) also used to work in his garage as a labourer. Accused no.1 Gurmeetsingh @ Hirasingh had done the work of his truck in the garage of deceased and an amount of Rs.7,000/ was outstanding against him. About three days before the incident, accused no.1 Hirasingh had abused the deceased on telephone on account of payment and therefore, the deceased had been to police station for lodging report against accused no.1.

(3.) On 29.4.2011, at about 2.30 p.m., Satpalsingh Bhatti (PW1) and his mother Sukhwinder Kaur (PW4) were at home. Some residents of his building came to his house and informed that some persons were beating the deceased and Baxisingh Gil (PW5) outside the garage. On hearing this, Satpalsingh (PW1) rushed to his garage and saw that the accused persons were beating his father with an iron rod, bat, wheel spanner and sword and when he went to the rescue of his father, accused nos. 1 and 2 beat on his leg and back with the iron rod. After beating the deceased, the accused persons dragged him to White Hyundai Car bearing registration No.MH31/PN1208 and abducted him. Immediately thereafter, Satpalsingh (PW1) went to Police Station, Kalamna. Kalamna Police took the entry in Station diary and proceeded towards the house of accused persons, but they were not found there. At about 5.15 p.m., Satpalsingh (PW1) returned home. At about 5.45 p.m. accused nos. 1 and 2 brought Hyundai Car to police station and informed police that they had beaten the deceased and his body was in the car. Both the accused were detained in the Police Station. On opening the car, the deceased was found inside having received serious injuries. On receipt of the information, Satpalsingh (PW1) and his mother went to Police Station. PSI Ganesh Shankar Kolekar (PW15) called the Ambulance and referred the deceased to Mayo Hospital. On examination, the Medical Officer declared him dead. Satpalsingh (PW1) came back to Police Station and at about 8.45 p.m., he lodged report Exh.117 against the accused persons. On the basis of the same, printed F.I.R. came to be registered below Exh.118. On the basis of oral report, investigation was set in motion. The accused persons came to be arrested on the same day. The seizure panchanama of the car was prepared. The further investigation was carried out by the Investigating Officer PSI Kolekar (PW15). At the conclusion of investigation, a charge sheet came to be filed in the Court of Judicial Magistrate, First Class. Since the case was exclusively triable by the learned Sessions Judge, the learned J.M.F.C. committed the case to the learned Sessions Judge. Charges came to be framed for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 364 and 302 r/w. 149 of the Indian Penal Code; under Section 4 r/w. 25 of the Arms Act and under Section 135 of the Bombay Police Act against six accused persons. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge convicted the present appellants for the offences punishable under Sections 302 and 364 r/w. 34 of the Indian Penal Code as aforesaid. He, however, acquitted the other four accused of the charges so framed and also acquitted the present appellants for rest of the offences. Being aggrieved thereby, the present appeal.