MADHAV NILKANTH THOMBE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two appellants as accused persons in Sessions Case No.2/2002 were prosecuted for committing murder and attempt to commit murder punishable under Sections 302, 307 read with Sec.34 of Indian Penal Code and were convicted by learned Ad hoc Additional Sessions Judge, Hingoli by judgment dated 12.9.2002 for both the offences and were sentenced to imprisonment for life and fine of Rs.500/- each in default rigorous imprisonment for six months under Section 302 of Indian Penal Code and rigorous imprisonment for five years and fine of Rs.500/- each in default rigorous imprisonment for six months under Section 307 read with Sec.34 of Indian Penal Code with direction to run both the substantive sentences concurrently. Aggrieved by the said judgment, they have preferred this appeal. The special feature of this case is that they were charged for committing murder and attempt to commit murder by deliberately dashing their jeep to the bike of the deceased.

(2.) The facts relevant for deciding this appeal may be stated as follows : This prosecution has been initiated on the basis of Crime No.54/1999 registered on 18.9.1999 at 12.05 midnight for offences punishable under Sections 304, 338 of Indian Penal Code on the F.I.R. of P.W.1 Vitthal. P.W.1 Vitthal is a retired Gramsevak. Deceased Pandurang was his son-in-law married to his daughter Vimal about 18 years ago. On 17.9.1999, son-in-law Pandurang, resident of Phalegaon, Taluka Washim was invited by P.W.1 Vitthal at his house at Kanhergaon for dinner on account of Mahalaxmi festival. Son of the deceased Pandurang by name Nitin was residing with P.W.1 Vitthal and he had gone to Phalegaon and given message of invitation to his parents on 15.9.1999. As per F.I.R., on 17.9.1999 at 6.45 p.m., P.W.1 Vitthal was waiting at S.T. Stand, Kanhergaon for his son-in-law and for return of his cattle. That time, he saw Jeep bearing No.MH-7875 came from Washim side (Washim is towards North of Kanhergaon and Hingoli is towards South). Some persons got down from the jeep and the jeep started return journey towards Washim. Accused no.1 Madhav, accused no.2 Govinda and one more person were in the jeep. The jeep was being driven by accused no.1 Madhav. Within five minutes, at 6.50 p.m., one Madan Biyani - P.W.8 gave him message that one bike rider had died under the jeep and on verification by him, the deceased person was his son-in-law. There was also one person injured and the spot was nearby. P.W.1 Vitthal along with one Vasant Gawande P.W.3 rushed to the spot and saw that Commander Jeep MH- 22-7875 had left the road and got down the slope and his son-in-law and his bike was under the jeep and his son-in-law was dead. One Ananda Korde P.W.9 was there in injured condition. P.W.1 Vitthal narrated in the F.I.R. that Rekha, sister of accused nos.1 and 2 was given in marriage to one Dhondu and there were strained matrimonial relations between them. She was staying at her maternal house for fourteen months and thereafter due to intervention of the deceased Pandurang, she was sent to the house of her husband, but thereafter within short time, she committed suicide by consuming poison. Accused nos.1 and 2 and their maternal uncle held deceased Pandurang responsible for death of their sister and prosecuted him along with husband and matrimonial relations of Rekha. Since then both the accused were threatening deceased Pandurang to kill and P.W.1 Vitthal was trying to convince him. P.W.1 Vitthal alleged that accused nos.1 and 2 deliberately gave dash to the bike on which his son-in-law Pandurang was travelling and thereby they killed his son-in- law and seriously injured pillion rider Ananda. On th basis of such F.I.R., crime was registered at C.R.No.54/1999 under Section 304, 338 of Indian Penal Code. During investigation, the police seized clothes of the deceased and inquest panchnama was drawn and autopsy was conducted. The post mortem notes disclosed eleven injuries on the deceased out of which three fractures were on the skull. The offence was investigated into by A.P.I. Ankushkar P.W.18. He recorded statements of material witnesses. Injured Ananda was sent to Civil Hospital, Washim and thereafter to District Hospital, Akola. His statement came to be recorded after three months. As per his statement, after the accident, both the accused had inflicted blows of iron bar and sticks on the skull of deceased Pandurang and on him as well. He was unconscious for two months. The accused were arrested and after recording statements of material witnesses and sending the articles to the Chemical Analyst, the charge-sheet was submitted in the Court. It is relevant here to record that the jeep in question was seized and accused no.1 as a registered owner obtained its interim custody from the Court.

(3.) After commission of the case, the learned Additional Sessions Judge, Hingoli framed charge at Exh.29 under Section 302/34 and 307/34 of Indian Penal Code. The accused pleaded not guilty. Learned Additional Sessions Judge, Hingoli convicted accused nos.1 and 2 as referred above and acquitted accused no.3 Arjun (jeep driver) of offences with which he was charged and tried.