SHAMA VISHWANATH RODAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants are taking exception to the judgment of conviction and sentence delivered by Additional Sessions Judge, washim in Sessions Trial No. 111/1999 dated 6/5/2000 by which all the appellants were found guilty for the offences punishable under section 147, 148, 302, read with section 149 of the Indian penal Code and sentenced to suffer R. I. for various terms and fine.

(2.) Facts leading to the prosecution of the appellants in the aforesaid Sessions Trial in nutshell can be stated thus. Appellant shama, Ramchandra and Ashok are sons of appellant Vishwanath and janabai. They were residing in Gawalipura at Washim. Deceased anandrao was the brother of appellant Vishwanath. He was also staying in the same locality. Second deceased Haridas was the grandson of deceased Anandrao. Complainant Rekha is married daughter of deceased Anandrao. She was staying along with her husband at Nandana, however, at the time of incident, she had come to her parental house for the marriage of her cousin -sister. It is alleged that appellant Vishwanath was asking for the share in agricultural land and also Mango trees to deceased anandrao and on that count there used to be quarrels. The incident for which the appellants were prosecuted occurred on 9/5/1999 in the afternoon. On that day deceased Anandrao had gone to his field for bringing Mango fruits in the morning. In the noon time Akash (P. W. 3) , grandson of deceased Anandrao, and Haridas had gone to field for reaching the food for their grandfather. At about 4. 00 p. m. , this Akash - P. W. 3 came running to the house and informed complainant Rekha (P. W. 1) and other family members including P. W. 2 Baban and P. W. 10 usha that Motha i. e. appellant no. 3 Vishwanath, Mothi i. e. appellant no. 5 Janabai, appellant no. 1 Shama, appellant no. 4 ashok and appellant no. 2 Ramchandra have beaten Haridas and Baapa [anandrao]. Thereafter, all these P. W. s went to the spot of incident in the field. They noticed deceased Anandrao and deceased Haridas lying in the pool of blood near Umbar tree. They were taken to Reynolds Hospital, at Washim. At the time of admission, deceased Anandrao was declared dead. Deceased Haridas had serious injuries so he was asked to be shifted to main hospital at Akola. It is alleged that on the spot deceased Haridas had informed these witnesses i. e. P. W. 1 Rekha and others that these appellants had assaulted them. It may be stated that it is the case of the prosecution that P. W. 3 Akash had witnessed the incident by hiding himself in the backside of the heap of cattle fodder due to fear. Thereafter, he went to the house to tell family members about the incident. The report was lodged by P. W. 1 Rekha. At that time; she had told that appellants had made an attempt to kill her father and Haridas. Therefore, the offence under section 307 of the Indian Penal code was registered. Postmortem examination on the dead body of deceased Anandrao was carried out at Washim by Dr. Santosh rathod (P. W. 8). Incised wounds were found on his forehead and on trachea. On internal examination fracture of frontal bone and underlying frontal lobe of brain was seen damaged. He had issued the Postmortem Report as well as his opinion regarding the cause of death i. e. death due to shock as a result of direct injury to frontal lobe of brain with severe haemorrhage; as per ex. 54. According to him, this injury was sufficient to cause death in ordinary course of nature. Deceased Haridas was taken to the Hospital at Akola. He however, expired there. His autopsy was conducted by Dr. Sanjay Wathore, Medical Officer, of Akola and he has issued his report of postmortem examination as per ex. 30. According to him; several incised wounds were found on person of deceased and he had died due to haemorrhagic shock with multiple incised injuries on his body with multiple fractures bones and torn menines. The injuries on both the deceased were found to be ante mortem.

(3.) During the investigation the statements of the prosecution witnesses were recorded including that of P. W. 3 akash alleged eye witness to the incident, P. W. Rekha who has lodged report to police station, P. W. 2 Baban and P. W. 10 Usha who had heard deceased Haridas telling about the incident mentioning names of the appellants as assailants and that they had caused fatal injuries to deceased Anandrao and Haridas. The investigation was carried out by P. W. 11 A. P. I. Suresh chavan. He has prepared spot Panchnama. He has seized sticks, stones, chappals etc. from the spot. He has arrested the appellants Janabai and Ashok on 9/5/1999. He arrested appellant Vishwanath on 11/5/1999 and remaining appellants shama and Ramchandra on 8/6/1999 at Malegaon and Sudi. During the investigation it is alleged that appellant Shama made a statement to discover, the concealed weapon and on memorandum he discovered the same. Said instrument used in the offence i. e. instrument of cutting fodder was seen concealed in the heap of fodder which was discovered by appellant shamrao. Seized weapon was sent to Medical Officer for opinion. So also seized clothes of the deceased and the accused; were sent to Chemical Analyser. The report of Chemical Analyser was received and after due investigation, all the appellants were charge-sheeted for the offences under section 147, 148, 302, read with section 149 of I. P. C.