JITU SHIVLAL PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals arise out of same Judgment and order of conviction and sentence, therefore, they may be disposed of by this common judgment. The appellants, who were the accused Nos. 1 to 3 have challenged, by these appeals, the Judgment and order of conviction and sentence for the offence punishable under Sections 307, 324, 506 r/w section 34 of Indian Penal Code. Under Section 307, they were sentenced to undergo R. I. for seven years and to pay fine of Rs. 1000/-, under section 324 to undergo R. I. for three years with find of Rs. 500/- and under section 506 to undergo R. I. for one year and fine of Rs. 500/-each. In default to pay fine, they were to undergo further imprisonment of varying terms.

(2.) Prosecution case, in brief, is that one Suresh Thapa, along with his family members, used to reside in a house at Nepali chawl, at Ghatkopar (West). One Mohan patankar, who was a Gunda by character, and his three companions, who are the present appellants, also used to reside in the same vicinity and they used to come frequently in the area, where Suresh Thapa was residing. The incident of this case took place during the night between 1st and 2nd July, 2001. Suresh Thapa and his family members were sleeping in the house. At about 4. 00 a. m. electric supply to his house was disrupted and it became dark in his house. Immediately, his mother, P. W. 8 Kamala and other members of the family asked to see what had happened. Therefore, P. W. 1, Suresh thapa came out from his house to check as to what had happened and he found that only electric supply to his house was disrupted, while lights in the other house in the locality were on. He went to see the meter cabin in which the meters of different houses were located to check the fuse of the meter of his house. When he went to the side of the cabin, he found Mohan patankar and his companions accused Jitu Pande, sandeep, Sachin sitting just near that cabin. Suresh Thapa found that D. P. of the meter of his house was switched off, resulting in disruption of the electric supply. He switched on the concerned D. P. and immediately the light of his house were also on. He suspected that mohan Patankar and his companions must have played mischief with the D. P. button of his house and therefore, he enquired from them about this. Mohan Patankar without any justification raised some quarrel with him. He had also tried to tease p. W. 3 Pinky, younger sister of Suresh about two days prior to this incident. Suresh Thapa asked him about that incident also. On this mohan Patankar began to abuse Suresh Thapa and he took a sword from the hands of Sachin and assaulted on head of Suresh Thapa. At the same time, Sandeep gave blow of his chopper on the right shoulder and Jitu Pande also gave a blow on his head with some sharp weapon. Sachin beat him with kicks and fist blows. Due to this beating, he suffered bleeding injuries on the head and shoulder. He shouted for help and fell down. Meanwhile, his mother Kamala P. W. 8, brother Ganesh P. W. 9, and sisters P. W. 3 pinky and P. W. 4 Geeta also came there. People of the locality did not come out from their houses even though they heard the shouts and were peeping from the windows of their houses. They had not come out, because of terror of Mohan patankar. Mohan Patankar and his companions left the place abusing and threatening that they would see, if any report is lodged with the police. Due to the fear, report was not given to the police. Suresh Thapa was taken into his house and first aid was given to him. After application of Hydrogen paraxoid and Neosporine bleeding from the injuries was stopped. At about 10 a. m. Suresh Thapa began feel pain and therefore, he was taken to Rajawadi Hospital. At Rajawadi hospital, Suresh Thapa was initially examined in the casualty department and then was admitted as indoor patient, where he was thoroughly examined and treated. P. W. 8 Kamalabai had also suffered some injuries and therefore, she was also examined and treated. At the hospital itself Report of Suresh Thapa was recorded by psi, Jadhav and this was treated as FIR. On the basis of this, crime No. 248/2001 for the offences under Section 324, 326, 506 read with Section 34 of the Indian Penal Code was registered against four persons viz. Mohan Patankar, Jitu pande, Sandeep Nadkar and Sachin More as accused Nos. 1 to 4 respectively.

(3.) During the investigation statements of witnesses from the family of suresh Thapa were recorded. Nobody from the vicinity came forward to make statement about the incident. A sharp weapon, namely Kukri, was recovered on the basis of the information given by the accused Jitu Pande and a Chopper was seized on the basis of information given by sandeep. Mohan Patankar could not be arrested. During the investigation, as per instructions given by the Superior Officers, Section 307, IPC was added. After completion of investigation charge-sheet was filed against three accused persons, while Mohan Patankar was shown as absconding accused. After committal of the case, in Sessions Case No. 113 of 2002, accused No. 2 jitu, Accused No. 3 Sandeep and accused No. 4 sachin were re-numbered as accused Nos. l, 2 and 3 respectively.