MAHESH JAGAN MORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants have challenged the judgment and order dated 2-2-1998 passed by the IV Additional Sessions Judge, Pune in Sessions Case No. 140 of 1996 and Sessions Case No. 283 of 1996, convicting and sentencing each one of them to undergo imprisonment for life and to pay a fine of Rs. 500/- for the offence under section 302 r/w 34 I. P. C. Along with the appellants, one Chotya alias Abhay Arvind Mandhare was also prosecuted and tried but, he has been acquitted vide the impugned judgment and the State of Maharashtra has not impugned his acquittal by preferring an appeal under section 378 (1) Cr. P. C.

(2.) IN short, the prosecution case as emerging from the evidence of the three eye witnesses of the incident namely Rahul Kadadekar, Anil Labade and Kamlakar Pandhe, P. Ws. 1, 2 and 3 respectively is as under :-On 5-11-1995 appellants Santosh Chikhale and Sanjay Chikhale along with one Sachin Garud assaulted Kamlakar Pandhe. Next day i. e. on 6-11-1995 at about 7. 30 p. m. Rahul Kadadekar, Anil Labade, Kamlakar Pandhe along with the deceased Vishnu Bankhole and some others went to the house of appellant Santosh Chikhale situated in Manchar in the District of Pune and asked him as to who were the persons who had beaten Kamlakar Pandhe and the reason for beating him. Santosh Chikhale replied that he and the acquitted accused Chotya alias Abhay Arvind Mandhare had beaten Kamlakar. Thereupon, Rahul Kadadekar and others asked him as to where Chotya was? Santosh Chikhale replied that he was in Shere-E-Punjab Hotel. Thereafter, Rahul Kadadekar and others along with Santosh Chikhale came to Shere-E-Punjab Hotel. Santosh Chikhale and Vishnu Bankhole remained outside the hotel. Rahul Kadadekar and others went inside the hotel. After sometime, they came out and saw that the appellants Mahesh Morade, Santosh Thorat and Sanjay Chikhale were catching hold of Vishnu Bankhole; the appellant Santosh Chikhale inflicted a gupti blow (sword stick) on the chest of Vishnu Bankhole; and Chotya alias Abhay Arvind Mandhare also inflicted a knife blow upon him. After assaulting Vishnu Bankhole, the appellants and Chotya are alleged to have run away.

(3.) AT about 8. 15 p. m. same day, A. P. I. Rahulkumar Yewale P. W. 13 was at police station Manchar. At that time, some boys came and informed him that Vishnu Bankhole had been assaulted by some persons and was lying injured at Patilwada. He immediately proceeded for Patilwada and on reaching there, found Vishnu Bankhole lying on the ground. He reached him to Gujarathi Hospital at Manchar but, the doctor after giving him first aid advised that he be taken to Pune. Consequently, he sent Vishnu Bankhole to Ruby Hospital, Pune.