GURUMITSINGH BHADURSINGH TAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are being disposed of by common judgment since they arise out of the judgment and order dated 21st March, 2003 passed by the Second ad hoc Additional Sessions Judge, Yavatmal in sessions Trial No. 17/2000. The appellants in criminal Appeal No. 269/2003 are accused nos. 1 and 2 whereas the appellant in Criminal appeal No. 170/2005 is accused no. 3 in Sessions trial No. 17/2000. All the three appellants (hereinafter referred to as "the accused") have been convicted by the trial court for the offences punishable under Sections 302 read with sections 34 and 353 read with Section 34 of the Indian Penal Code and acquitted for the offence punishable under Section 333 read with section 34 of the Indian Penal Code. For the offence punishable under Section 302 read with section 34 of the Indian Penal Code, the accused have been sentenced to suffer life imprisonment and to pay a fine of Rs. 500/- each and in default to suffer simple imprisonment for three months each and in respect of the offence punishable under Section 353 read with Section 34 of the indian Penal Code the accused have been sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 500/- each and in default to suffer simple imprisonment for three months each.

(2.) The accused shall hereinafter be referred to as per their status before the trial Court.

(3.) Briefly, the prosecution case is as under: on 18-8-1999 at about 4. 15 a. m. P. W. 1 manohar Sonone received a telephonic message that dacoity had taken place at Ghatanji and victim had received severe injuries and culprits have taken away gold and silver ornaments after assaulting the victim. On receipt of this information Manohar called police staff viz. Head Constable Hanmant, Head Constable sambhaji, Police Constable Prakash Wasekar, police Constable Ashok Mahalley (deceased) and driver Raju Bende. They all proceeded towards Ghatanji by police jeep at 5. 30 a. m. and on the way they checked the vehicles. When they reached near hutment are a of village wadgaon at about 6. 00 a. m. they saw three persons belonging to sikh community on the road. They stopped the jeep and inquired from them as to where they were proceeding. They disclosed that they were coming from pandharkawada. One of them was having rexin bag. All of them started checking the said bag. At that time one of the persons aged about 25 years suddenly started running towards hutment area of village Wadgaon. Police Constable hanwante and driver Raju started chasing that person but could not catch him and he fled away. The second person also ran towards the school. When the said bag was opened, they found gold ornaments and a dagger. In the meanwhile deceased Ashok and Head Constable Sambhaji tried to catch the third person but he scuffled with the police squad. Meanwhile the third person i. e. accused no. 1 Gurumitsingh took out knife from his waist and assaulted Sambhaji by giving blow on his chest who saved himself from the blow of knife on the chest but Sambhaji received injury on his forearm. Deceased Ashok had caught the said person from back side. The said person got himself freed by giving jerk and gave a blow of the said knife on the left side of the chest of deceased Ashok and started running away. Ashok received severe bleeding injury and fell on the ground. Sambhaji and Prakash started chasing the said person but he fled away. Manohar called the police party and took Ashok in the police jeep to the civil hospital, Ghatanji. He was examined by the doctor at the hospital and was declared dead. Manohar lodged report at Ghatanji police station vide crime no. 00/99 for the offences punishable under Sections 302, 353, 333 read with Section 34 of the Indian penal Code. Thereafter, inquest panchanama was conducted on the dead body of Ashok and the dead body of Ashok was sent for post-mortem examination. The spot panchanama was prepared.