PANDHARI VISHNU BUDHWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who stand convicted for an offence punishable under sections 147, 148, 307 and 302 read with sec. 149 of the Indian Penal Code and sentenced to R. I. for six months and to pay fine of Rs. 100/- each with a default condition of undergoing further R. I. for one month in the event of non payment of fine; R. I. for six months and to pay fine of Rs. 100/- each with a default condition of undergoing further R. I. for one month in the event of non payment of fine; R. I. for seven years and to each pay fine of Rs. 100/- with a default condition of undergoing further R. I. for one month in the event of non payment of fine and imprisonment for life and to each pay fine of Rs. 200/- with a default condition of undergoing further R. I. for six months in the event of non payment of fine, with a direction that all substantive sentences shall run concurrently, by the Ad hoc Additional Sessions judge, Parbhani by judgment dated 8. 1. 2007, in Sessions Trial o. 47 of 2006, by this appeal question the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus :-P. W. 15 Bhimrao Punjanwad, P. S. I. who was attached to Jintur police station as P. S. I, on 26. 11. 2005 was informed by the P. S. O. on duty that a telephone message had been received from Pangri in respect of the death of a person in a quarrel, with a request to send the police personnel to Pangri. Accordingly P. W. 15 P. S. I. Punjanwad along with the staff proceeded by private jeep to village Pangri. On reaching Pangri he proceeded towards the scene of the offence. He preserved the blood stains by covering the same with an empty container. A handkerchief was also found lying at the scene of the offence. He, therefore, deputed two Police Constables to guard the scene of the offence. P. W. I digambar, cousin of deceased Gangadhar accompanied the police to the police station and lodged his first information report at Exh. 25. On the basis of the said first information report at Exh. 25, an offence vide Crime No. 212 of 2005 came to be registered at 00. 45 hours on 27. 11. 2005. Upon registration of the offence, further investigation in the said crime came to be handed over to P. W. 18 P. S. I. Nimmanwad. P. W. 18 P. S. I. Nimmanwad who was attached to Jintur police station as a P. S. I had also reached village Pangri on being informed of the incident. On 27. 11. 2005 P. S. I. Nimmanwad (P. W. 18) proceeded to the rural hospital, Jintur and drew the inquest panchnama of the dead body of deceased Gangadhar at Exh. 48 in the presence of panch witnesses. He requested the medical Officer on duty to conduct the postmortem on the dead body of deceased gangadhar and accordingly a request letter in that behalf came to be issued to the Medical officer at the rural hospital, Jintur.

(3.) On committal of the case to Court of Sessions, Trial Court vide Exh. 8 framed charge against the six accused for an offence punishable under sections 147, 148, 307 read with sec. 149 and 302 read with sec. 149 of the indian Penal Code. All the accused denied their guilt and claimed to be tried. Prosecution in support of its case examined nineteen witnesses. The Trial Court upon consideration of the evidence of the eye witnesses and the other circumstantial evidence convicted and sentenced the appellants as aforestated. The appellants being thus aggrieved by their conviction and sentence have filed the present appeal.