STATE OF MAHARASHTRA Vs. PANDHARI CHINDHU LAKHE

JUDGEMENT

(1.) By this appeal, appellant State seeks to challenge the acquittal of the respondents, who were acquitted of the offences punishable under section 302 read with section 149 of the indian Penal Code and also section 147 and 148, read with section 149 of the Indian penal Code, in Sessions Trial No. 3/ 1986 by the judgment dated 20. 7. 1992 delivered by the Additional Sessions Judge, Wardha.

(2.) Respondents were prosecuted for the aforesaid offences on the allegations that the accused persons are residents of village Arvi (Lahan). One Baba Nagorao Katore was also resident of the said village. Respondents (accused) are related to each other [respondents, hereinafter referred to as accused for the sake of convenience). Accused No. 1 Pandhari and accused No. 4 bhaskar are the sons of accused No. 3 chindhu. Accused No. 6 Suresh and 7 shankar are real brothers and sons of accused No. 5 Ganpat. Deceased Baba Katore was living with his mother Kauslyabai and father Nagorao. On the date of incident, complainant P. W. 1 Kausalyabai i. e. mother of the deceased, had called her daughter and son-in-law Dnyaneshwar P. W. 7 for lunch, in view of the auspicious day of 'pitromoksha Amavsaya'. It is alleged that prior to the date of incident i. e. on 13. 10. 1985, i. e. 2-3 days prior, accused No. 5 Ganpat and accused No. 3 Chindhu were abusing the family of the complainant suspecting that the members of the family of the complainant had killed their dog. At the time of incident, when the family of the complainant was performing rituals of pitrumoksha Amavasya accused persons started abusing for the reason that the deceased Baba had killed Dog of the accused. At that time, son-in-law of the complainant, p. W. 7 Dnyaneshwar and the daughter had come there. The meals were ready at about 6. 00 p. m. Deceased Baba, P. W. 7 dnyaneshwar and complainant P. W. 1 kausalyabai were all ready for the meals. At that time all the accused; who were having sticks in their hands, rushed towards the house of the complainant and deceased baba. Accused No. 1 Pandhari was ahead of all of them. It is alleged that these accused started beating Baba. Complainant kausalyabai tried to save him, but in vain. Deceased Baba in order to save himself from the hits of the sticks, tried to run away. At that time accused No. 8 Bandu brought an axe and he gave forceful blow of the axe on the head of Baba. He fell on the ground. He suffered bleeding injury on the head. It is alleged that the accused beat Dnyaneshwar with stone which was lying in the lane. After beating; all the accused threw away sticks in the lane. But, accused Pandhari took away the axe with him and all the accused left the place saying that Baba was no more. The mob of the people had gathered there. Complainant P. W. 1 Kausalyabai went near Baba and after seeing him, she became unconscious and fell on the ground. At that time there were one Prabhakar ugemuge and one Dashrath. Naik in the mob. Thereafter P. W. 7 Dnyaneshwar, P. W. 1 Kausalyabai and others arranged for bullock-cart and took injured Baba to Primary health Centre, Wadner. They came upto village Daruda and thereafter boarded in s. T. Bus for coming to Wadner. They came to Wadner where they went to Police Station. P. W. 1 Kausalyabai lodged report against accused at P. S. Complainant kausalyabai had put up her thumb impression on the report. P. S. I. Deshmukh of Police Station, wadner got recorded the same and registered offence vide Crime No. 76 / 1985 for the offence under sections 147, 148, 307 read with section 149 of the Indian penal Code. Injured Baba was sent to p. H. C. Wadner. The statement of P. W. 7 dnyaneshwar was also recorded on the next day morning. P. S. I. Deshmukh came to know that the injured Baba had expired, so he prepared inquest Panchnama, sent the dead body of Baba for autopsy and added offence under section 302 of the indian Penal in the same Crime No. 76/ 1985. He also went to the spot, and prepared panchnama of the scene of offence. Wife of deceased Baba produced the sticks, the same were seized. P. S. I. Deshmukh also seized blood stained earth from the spot. He recorded statements of the witnesses in due course. He arrested the accused persons. He also seized an axe on memorandum statement of accused No. 1 Pandhari. He sent seized articles, including clothes, to Chemical Analyser for report and after receipt of report and due investigation, he submitted charge-sheet for the aforesaid offences in the Court of the Judicial magistrate, First Class, Hinganghat.

(3.) On committal of the case, bearing sessions Trial No. 3/ 1986, learned Additional sessions Judge, Wardha framed charge for the aforesaid offences against the accused. They pleaded not guilty to the same. Their defence is that of total denial. They admitted certain documents filed on record. The prosecution led evidence of 8 witnesses. P. W. 1 Kausalyabai is mother of the deceased who had lodged report Ex. 69. P. W. 5 Prabhakar Ugemuge, P. W. 6 dashrath Dhatrak, and P. W. 7 dnyaneshwar Tadas are the alleged eyewitnesses to the incident. It is necessary to note that P. W. 7 Dnyaneshwar is the brother in law of the deceased and also allegedly injured in the incident. P. W. 2 Baban and P. W. 3 Vasanta, are the panch witnesses to the alleged memorandum statement of accused No. 1 Pandhari who discovered the axe. P. W. 4 dr. Lalitkumar Kose is Medical Officer of Rural Hospital at wadner. He examined deceased Baba when he was admitted in the hospital, whose injury certificate is at Ex. 93. He had also examined P. W. 7 Dnyanewhsar and Nagorao, and had issued an opinion regarding the axe Ex. 98. P. W. 8 P. S. I. Deshmukh is the investigating Officer, he has registered offence as per Ex. 103, prepared spot panchnama Ex. 73, seized sticks as per Ex. 74, and clothes of the deceased as per Ex. 75. He had seized an axe on the memorandum statement of the accused No. 1 pandhari Ex. 79 as per Ex. 80, received C. A. Report Ex. 104. He had prepared inquest panchnama Ex. 46. Relevant P. M. Report of deceased Baba is Ex. 77. As per P. M. report, deceased had died due to shock due to head injury [sub-dural hemorrhage and fracture of skull].