SUNIL NAMDEO MANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in the present appeal, who are four in number, have challenged the judgment and order of conviction dated 19. 3. 2004 passed against them in S. T. No. 11 of 2003 by the 1st Ad hoc Additional sessions Judge, Buldana, whereby they were convicted for the offence punishable under section 302 read with Section 34 of Indian Penal code and sentenced each of them to suffer imprisonment for life and to pay fine of rs. 1,000/-, in default to suffer further simple imprisonment for one month.

(2.) The prosecution case is that on 16. 10. 2002 at about 7-30 a. m. , appellant no. 4 haridas (original accused no. 5) - the neighbour of deceased Dhondu Jagtap was cleaning the lane by sweeping when deceased Dhondu and his wife Shantabai (P. W. I) were present in their court-yard. Dhondu objected to appellant no. 4 as dust was coming towards his house, whereupon appellant no. 4 abused him. Thereafter Dhondu and his wife Shantabai went inside their house. Soon thereafter all the appellants and original accused no. 2 entered the house of Dhondu armed with wooden logs and iron bard and they were followed by original accused no. 6 Shakuntala and accused no. 7 gokulbai. Appellants and original accused no. 2 caught hold of Dhondu and pulled him in his court-yard and assaulted him with those weapons. Original accused nos. 6 and 7 also delivered blows to Shantabai (P. W. I) and pushed her in the house and then closed the door of the house. Dhondu succumbed to the injuries caused to him in the court-yard. Hearing hue and cry at the time of incident, Ashok (P. W. 4) so also Bapurao Mane (P. W. 7) reached on the spot and witnessed the incident. Shantabai thereafter came out of the house to find that her husband was dead and was lying in the courtyard. She went to the house of Police Patil and sarpanch, but they were absent. Shantabai then went to police station Borakhedi by boarding a bus and lodged the F. I. R. with the said police station at 9 a. m. which was reduced into writing by P. S. O. Pawar (P. W. 5). F. I. R. (Ex. 51) was thus registered and investigation was handed over to P. S. I. Wavage (P. W. 9) who went to the spot of incident and drew spot panchanama (Ex. 64) in presence of Bhaurao Patil (P. W. 6). Wooden logs, iron bar, earth mixed with blood found on the spot were seized by him in presence of panchas. He drew inquest panchanama (Ex. 35). Dead body was forwarded for post mortem. Dr. Sandesh Rathod (P. W. 10) conducted post mortem and issued the report (Ex. 82). The medical officer found five external and four internal injuries on the dead body of dhondu. He was of the opinion that those injuries were sufficient in the ordinary course of nature to cause death. In his opinion, the cause of death was shock due to injury to brain due to fracture of skull.

(3.) Bundles of clothes of deceased were attached under seizure memo (Ex. 69) in presence of panchas. Clothes were also attached from accused nos. 1 to 5 under seizure memos (Exs. 72, 74 and 76). Statements under Sections 161 and 164 of Code of Criminal Procedure were recorded. The articles with blood stains were sent to chemical analyser for examination. Report of Chemical Analyser is at Ex. 78. After completion of investigation, charge-sheet came to be filed in the Court of J. M. F. C. Malkapur. Thereafter the case was committed to the Court of Sessions to be tried.