ASHOK RAMBHAU CHANDNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in these two appeals who stand convicted for offence punishable under section 302 read with section 149 of the indian Penal Code, 147, 148, 323 read with sections 149 and 504 of Indian Penal code and sentenced to imprisonment for life and to each pay a fine of Rs. 100/-with a default stipulation of undergoing further R. I. for six months, R. I. for two years and to each pay a fine of Rs. 100/- with a default condition of undergoing further R. I. for two months, R. I. for three years and each to pay a fine of Rs. 100/-, in default of payment of fine to suffer further R. I. for three months, R. I. for one year and fine of Rs. 100/- each in default of payment of fine to undergo further R. I. for three months, and R. I. for two years and to pay a fine of Rs. 100/-each in default of payment of fine to undergo further R. I. for three months, respectively by the II Additional Sessions Judge, Jalna, by judgment dated 30-11-2004, in Sessions Case No. 48 of 2004, by these appeals question the correctness of their conviction and sentence. Since both these appeals at the behest of original accused challenge their conviction, both these appeals are being decided by this common judgment.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus : p. W. 9 P. I. Amrut Deshmukh was attached to Gondi Police Station on 7-11-2003. On that day P. W. 1 Kamlabai came to the Police Station and lodged her oral report which was reduced into writing at Exh. 28. On the basis of the said report at Exh. 28, an offence vide Crime No. 106 of 2003, under sections 147, 148, 149, 326, 324, 504 and 323 of Indian Penal Code came to be registered. The investigation of the said crime was entrusted to P. W. 9 P. I. Deshmukh. Accordingly, on 7-11-2003 he visited the scene of the offence and drew the scene of the offence panchanama in the presence of witnesses at Exh. 50. He recorded the statements of P. W. 1 Kamlabai, P. W. 2 Keshav, P. W. 4 Sham and others. On 8-11-2003, he received an M. L. C. from the hospital that injured Mahadeo who had been undergoing treatment in the hospital had succumbed to his injuries. Accordingly, section 302 of the Indian Penal Code came to be added. On 8-11-2003, he arrested accused Ashok and accused Dnyandeo. On 10-11-2003, he arrested accused Dashrath and accused Sopan. On 13-11-2003, accused Ashok and accused Dnyandeo expressed their, during custodial interrogation to point out the place where the, weapons had been concealed by them. Accordingly, in the presence of panch witness, memorandum at Exh. 37 came to be recorded. Accordingly accused Ashok took the police and the panch in a police jeep to his village and produced an axe from his house which came to be seized in the presence of panch witnesses as per panchanama at Exh. 38. Accused Dnyandeo then made a statement before the panch witnesses that he would point out the place where the stick was hidden. The statement of accused Dnyandeo came to be recorded as memorandum at Exh. 39. Accused Dnyandeo then took the police and the panch to his village and produced a stick from his house which came to be seized in the presence of panchas as per panchanama at Exh. 40. On 15-11-2003, accused Sopan had expressed his willingness, during custodial interrogation, to point out the place where two sticks had been concealed by him. Accordingly, his memorandum at Exh. 41 came to be drawn in the presence of panchas. Accused Sopan then took the police and the panch to his village and produced two sticks from his house which came to be seized vide panchanama at exh. 42. On 20-11-2003, P. W. 9 P. I. Deshmukh arrested accused Bhaskar and madhukar. On 24-11-2003, accused Bhaskar expressed his willingness to point out the place where an axe had been concealed. Accordingly, a memorandum at exh. 43 came to be drawn in the presence of witnesses. Accused Bhaskar then took the police and panch to his house and produced an axe which came to be seized in the presence of panchas vide panchanama at Exh. 44. On the same day accused Madhukar had also expressed his willingness to point out the place where an axe had been concealed by him. His statement came to be recorded as a memorandum at Exh. 45 in the presence of witnesses. Accused Madhukar then took the police and the panch to his house and produced an axe which came to be seized in the presence of panchas by panchanama at Exh. 46. The seized articles came to be referred to the Chemical Analyser along with the requisition at exh. 56. Dead body of deceased Mahadeo had been referred for post-mortem examination and the post-mortem was conducted by P. W. 10 Dr. Kailas Zine. P. W. 10 Dr. Zine noticed the following external injuries.

(3.) Contusion of forehead on left side of 2 x 2 cm. , 2 cm. above the eyebrow blackished coloured.