PANDURANG ZIPRYA KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these matters arise out of the same set of facts and a common judgment, we are disposing them of by one judgment.

(2.) VIDE Judgment and Order dated 31.1.1985 passed by the Additional Sessions Judge, Thane, in Sessions Case No.177 of 1983, original accused Nos.1 to 3 namely Pandurang Ziprya Koli, Bhagwan Koli and Maruti Koli were convicted and sentenced in the manner stated hereinafter:-

(3.) THE investigation was conducted in the usual manner by P.I. Balkrishna Savant P.W.11. After arrest, appellants Bhagwan Koli and Maruti Koli stated to the police that they could get the weapons of assault recovered and thereafter in the presence of public panch Shankar Patil, P.W. 7 and Krishna Patil (not examined), on pointing out of the said appellants, the recoveries of spears were effected. Since for valid reasons contained in Paragraph No.13 of the impugned judgment, the learned trial judge has not placed reliance on this recovery, we are not going deeper into it. It is significant to point out that during the course of investigation, P.I. Sawant interrogated the witnesses and sent the recovered articles to the Chemical Analyst. After completing the investigation, he submitted chargesheet against appellants, accused Tukaram who died during the pendency of the trial and the acquitted accused persons, on 20.4.1982.