SHIVAJI PUNDALIK PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals have been filed challenging the order of convictions and sentences recorded by the learned Addl. Sessions Judge, Malegaon, district Nasik, in Sessions Case No. 95 of 1993. Since both the appeals arise out of the same judgment delivered in respect of the offences committed during the same incident, which was the subject-matter of Sessions Case No.95 of 1993, they were heard together and are being disposed of by this common judgment. As the number of accused who were tried were 21, out of whom 12 were convicted and ten out of whom have preferred these two appeals, the appellants herein are referred to with reference to their serial numbers as accused in the trial Court.

(2.) THE incident had taken place on 24th May 1993 at noon in the field of Rupchand, the deceased, just outside his farm house, situate in Daregaon in Nasik district when Rupchand Pawar was murdered and his wife Radhabai (P.W.6), his son Ramesh (P.W.1), who is the complainant, and the complainant's wife Mangalabai (P.W.5) were injured. The prosecution case is that after doing their agricultural work in their farm, the deceased Rupchand, his wife, son and daughter-in-law were taking meals in their house, which is situate in their agricultural field, when the accused nos. 1, 2 and others came there and started abusing them. They were armed with sticks, and axe. The accused nos.1 and 2 entered the house of the deceased Rupchand Pawar and pulled the deceased out of his farm house and assaulted him with sticks and axe. Radhabai, the wife of the deceases, was also pulled out by the lady-accused (who were acquitted) initially and, thereafter, by the accused no.2 and was assaulted by the accused nos. 1 and 2. The accused no.1 gave blows of axe on the head of the deceased Rupchand and also on the head of his wife Radhabai (P.W.6). All the accused persons assaulted the deceased Rupchand, his wife Radhabai (P.W.6), the complainant Ramesh (P.W.1) and his wife Mangalabai (P.W.5) and, thereafter, left the place. Rupchand died on the spot. He was lifted by the neighbours and relatives Rajendra, Dashrath and others and put on a cot. Dashrath and Madhukar first went to Police Patil. As he was not there, they went to the house of Daji Sukhadev, the brother-in-law of Rupchand and told him about the incident and, thereafter, went to Jaykheda police station and brought the police on the spot. The police took the injured initially to Taharabad hospital and, thereafter, shifted to Santana Hospital. In Santana Hospital, the statement of Ramesh (P.W.1), the son of the deceased, was recorded by P.S.I. Gunjal (P.W.12) and crime was registered. After Inquest Panchanama, the body of Rupchand was sent for postmortem, The accused were arrested and spot panchanama was prepared. The investigation was taken over by P.W. 13 P.S.I. Balasahe Bankar. The clothes of the deceased as well as of the accused were seized Cycle chain was recovered at the instance of the accused no.21 Rajendra Pawar and axe (art. 44) was recovered at the instance of the accused no.1. The seized articles, including the clothes of the deceased as also of the accused, the axe and stone collected from the place of offence were sent to Chemical Analyser, Aurangabad, for chemical analysis. After investigation was over, charge-sheet was filed and the case was committed to the Sessions Court.

(3.) ON behalf of the prosecution, 13 witnesses were examined out of whom five were eye-witnesses. They are Ramesh (P.W.1), the injured complainant and son of the deceased, Dashrath (P.W.3), Babaji (P.W.4) and Mangalabai (P.W.5), the injured wife of the complainant, and Radhabai (P.W.6), the injured widow of the deceased. P.W.2 is the panch for the spot panchanama and P.W. 7 and 8 are panchas for the recovery of cycle chain from the accused no.21. P.W.9 is Dr. Patkar, Medical Officer attached to the Public Heatlh Centre, Taharabad, who had examined the injured persons. P.W. 10 is Dr. Wagh who conducted postmortem on the dead body of Rupchand Pawar. P.W.11 is panch Ahire for the recovery of axe at the instance of the accused no.1. P.W. 12 is P.S.I. Gunjal who recorded the F.I.R., registered the crime and arrested the accused persons. He also seized cycle chain and seized the clothes of the injured. P.W. 13. is P.S.I. Bankar who investigated the offence and recorded the statements of the witnesses and was party to the recovery of axe at the instance of the accused no.1.