STATE OF MAHARASHTRA Vs. KRISHNA M TARE

JUDGEMENT

(1.) This is an appeal against acquittal filed by the State. By the impugned judgement Accused nos.1 to 11 were acquitted for the offences punishable under Sections 147, 148, 149 read with Sections 302 and 34 of Indian Penal Code (IPC) and also Accused No.12 under Section 201 read with Section 34 of IPC.

(2.) The prosecution case is that on 24.12.1993 at about 7.30 p.m. the deceased Janardan was proceeding towards the house from the S.T.stand of village Anjur along with daughter, aged 4 years. The complainant (Gajanan) alleged to have witnessed that the deceased, Janardan, was running towards his house and Accused nos. 1 to 11 were chasing him armed with weapons like swords and choppers. When Janardan reached in the courtyard of the complainant, he fell in the courtyard and immediately thereafter Accused nos. 1 to 11 assaulted with the weapons. The complainant rushed to rescue the deceased. However, in the meanwhile his sister Sunita (PW 2) also rushed to the spot and about to fall on the body of Janardan to save him. But Accused no.1-Krishna Tare snatched and threw her away and as threatened with sword the complainant ran towards his house. The family members of the deceased including his niece, wife, mother, aunt came there and also witnessed the incident of assault by these Accused persons. The Accused fled away from the spot after showering stones on the house of the complainant. The complainant and his family members went near the deceased and found that he had received bleeding injuries on his head, hand, ears, forehead and was lying in the pool of blood. The complainant, Madhukar Tare (PW 3), Vishwanath Gharat, Mahadeo Gharat, Prakash Baliram Patil, Bhalchandra Rangnath Tare and others lifted the Accused. The deceased was taken in the tempo of one Ganesh, to the hospital of Dr.Saptnekar in Thane town. He succumbed to the injuries in the said hospital before 9 p.m.

(3.) On the same night, Senior PI of Narpoli Police Station, Bhiwandi, received a wireless message that at Anjur village, Accused No,.1 Krishna Tare and Accused-Manohar Tare had opened fire. The injured Janardan (the deceased) was admitted in the Civil Hospital, Thane. The police machinery moved accordingly. The scene of offence was, in front of the Grampanchayat office, the courtyard of the complainant-PW 1. DCP Dhange, recorded the statement of complainant (Ex.48). The statement was sent to Narpoli Police Station for registration of the crime. The complaint (Ex. 48) was received from the Police Station after registration of the crime vide C.R.No.I-125/1993. The inquest panchanama was drawn and the case papers from Dr.Saptnekar's hospital were collected.