STATE OF MAHARASHTRA Vs. BHARATSING HARSING PATIL

JUDGEMENT

(1.) This Appeal is filed by the appellant-State, challenging the judgment and order of acquittal passed by the Additional Sessions Judge, Amalner, District Jalgaon, on 30th Sept., 1999 in Special Criminal Case No.6/1999.

(2.) The prosecution case in nutshell is as under :

(3.) The investigation was initiated, and PSI Mr. Jadhav on the next day i.e. 27th Nov., 1998 morning went to the Cottage Hospital, Parola, and recorded the inquest panchnama of the dead body of Ramdas in presence of the panchas namely, Suresh Dala Wankhede and Vilas Bhika Patil. The dead body was sent to the Medical Officer for postmortem examination. Dr. Raghuwanshi performed postmortem examination on the dead body in the morning on 27th Nov., 1998, and found that there was fracture to the skull bone, and cause of death was due to shock to the fracture of skull bone. He accordingly issued P.M. note. Then he went at the house of the informant, and verified the spot of incident at the varanda of his house, which was shown by the informant in the presence of the panchas, namely, Suresh and Vilas. The Investigating Officer collected the blood soaked soil, plain soil and blood stains seen on the wall from the spot of incident. The informant Ravindra produced the iron pipe, which was snatched by him from the accused, and the same was seized by the Investigating Officer for further investigation. Accordingly, spot-cum-seizure panchnama was prepared in the presence of panchas namely, Suresh and Vilas. Thereafter, he recorded the statements of the witnesses Yashodabai wife of deceased, Lalsing, Santosh Wankhede and Suresh Wankhede. The Investigating Officer then apprehended the accused in the noon on that day, and then had taken him to the Police Station, Parola. It is further the case of the prosecution that in presence of the panchas namely, Bhura Hiraman and Rajendra Pardhi, the Investigating Officer seized blood stained white shirt from the person of accused, and accordingly, recorded arrest-cum-seizure panchnama at about 3.00 p.m. On 29th Nov., 1998, the informant Ravindra Ramdas Nikam had produced before the Investigating Officer of the Police Station, Parola, the blood stained turkish towel, blood stained white dhoti which his father Ramdas was wore at the time of incident. The said clothes were seized by the Investigating Officer in the presence of panchas namely, Bhura Hiraman Lonare and Rajendra Pardhi. The postmortem note was collected by the Investigating Officer. Thereafter, seized articles were then sent for C.A. with forwarding letter. C.A. report was received by the Investigating Officer. On 29th Nov., 1998, the Investigating Officer recorded the statements of Daulat Pandit Wagh, Ramsing Keshav Wankhede and some other witnesses. He had also collected the caste certificate of deceased Ramdas Hari Nikam. After completion of the investigation, PSO Parola charge-sheeted the accused for the offence punishable under Sections 302, 452, 504 and 506 of the Indian Penal Code and under Sec. 3 [ii] [v] of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989, in the Court of learned Judicial Magistrate First Class, Parola. Since the offences punishable under Sec. 302 of the I.P. Code and also the offences under Sec. 3 [ii] [v] of the Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989, was being exclusively triable by the Sessions/Special Judge respectively, the learned Magistrate committed the case to the Special Court.