RAJESH A  BEHERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The case of the prosecution is that PW1 Basappa Uttapa Bandiwadar lodged a First Information Report (FIR) (Exh.22) with Turbhe Police Station and his statement spells out the prosecution case which the prosecution has attempted to prove to bring home the guilt of all the accused. It was stated by this witness that he was residing with his Aunt prior to the date of occurrence and in fact since 1996 and was working as a Cleaner of any vehicle. Tanaji Maruti Pawar, the deceased was known to him, who used to do some construction contract work. He also knew the accused. He knew their names prior to the incident. On 24th January 1999, the date of occurrence, which was a Sunday and he had a holiday. During the day he was at home, then went out at about 6.00 p.m. He returned to Indira Nagar at 11.00 p.m. and took meals at Somaya hotel. While he was washing his hands after taking his meals at about 11.05 p.m., Suresh Chavan, the accused, came there and asked him as to where Tanaji Pawar (deceased) was.. At that time, Rahul Dandge beat him with a handle of spade on the back. Accused Suresh Chavan was holding gupti in his hand. Therefore, he ran away from there towards the Police near Ambedkar statue. He told the police that an untoward incident was going on in the said hotel. Accused Suresh Chavan and Rahul Dandge had come there with a handle of spade and gupti and Suresh Chavan beat him with handle of spade and he narrated the incident to the police. Thereafter he accompanied the police to the hotel site. The police made inquiry from the boys working in the hotel and asked them where those boys who made the scene have gone. They were told that they had gone towards the site of the nallah. The police were accompanied by Basappa towards the house of the accused persons and on their way they saw accused persons beating Tanaji Pawar (deceased) near his house. Tanaji Pawar was lying in an injured condition and was having stab injuries on his chest which accused Suresh Chavan had caused by assaulting him with gupti and he had seen accused Suresh Chavan assaulting Tanaji. Accused Santosh Behere was holding handle of spade while assaulting Tanaji. Accused Rahul Dandge was holding a sword and accused No. 6 Suresh Salvi was holding iron hook while assaulting Tanaji. All the accused ran away on seeing police. The police called boys working in the hotel and took Tanaji Pawar to hospital. According to Basappa, then he was taken to Police chowky where his complaint was recorded and he signed the complaint with these contents. The same was marked at Exhibit 22 and on the basis of his complaint a case under Sections 302, 143, 147, 149, and 324 of the Indian Penal Code (IPC) was registered against the accused. Basappa PW1 identified the accused Nos. 1 to 6 who were present in the Court. He also identified the gupti which accused Suresh Chavan was holding during the incident. However, he could not identify the handle of the spade with which he was assaulted.

(2.) To prove its case, the prosecution examined 14 witnesses. This primarily included, PW 1 Basappa, PW2 Rashid Shaikh, PW8 Jagadish Shetty as eyewitnesses, PW3 Medical Officer, PW4 to PW7 and PW9, PW10, panch witnesses to arrest and recovery and the Police Station Officer PW12, the Investigating Officers PW11, PW13 and PW14 respectively. The statement of PW1 Basappa, the complainant, gives bird's eye view to the occurrance and commission of crime. This witness was crossexamined at some length wherein he stated that the house of Tanaji Pawar was at a walking distance of 10 minutes from and behind the Hotel "Somaya". He also stated that while lodging a complaint at Exhibit22, he had informed the police that accused Rahul Dandge beat him with the handle of spade on his back but could not say any reason as to why it was not so recorded in his complaint Exhibit22. Certain other omissions from his statement were also pointed out to him and were brought on record. In relation to some omissions which were not recorded in Exhibit22, he took the stand that he had informed the police about the said omissions but cannot say any reason as to why the police did not record the same. This also related to the omission that he had seen the accused persons beating Tanaji Pawar near his house and that accused Rahul Dandge was holding sword and Accused No. 6 Suresh Salvi was holding iron hook while assaulting Tanaji.

(3.) PW2 - Rashid Lalasaheb Shaikh is stated to be the other eye witness, who knew Tanaji Pawar. He claims that he met Tanaji Pawar at hotel Somaya when he was having his meal and after completing his meal, they were going towards their house. Tanaji Pawar went to his house. When he ( PW2 Rashid ) again came near the hotel Somaya and was going towards his house he saw Accused Rajesh Bhavre coming down and at that time accused Rajesh Bhavare gave a blow with handle of spade to him. Rajesh Bhavre asked PW2 Rashid whether "he treated himself as Dada" and thereafter he saw other accused coming down and thereafter he ran away due to fear. PW2 Rashid stated that he received injuries due to assault at the hands of Rajesh Bhavre. After PW2 Rashid ran away on seeing the accused persons, one boy namely Basappa came running and was shouting "Tanya Gaya, Tanya Gaya". PW2 Rashid and PW1Basappa rushed to the house of Tanaji Pawar and saw that Tanaja was lying in a injured condition in front of his house and was taken to the hospital where he subsequently died. In his crossexamination, PW 2 Rashid admitted that Nanda Behre, mother of the accused Behre had then lodged a complaint against them for entering into her house and damaging articles in the house and on lodging the said complaint, a criminal case was registered against them which was pending. This witness also claims that he had mentioned to the police that there was quarrel between Tanaji Pawar and the accused persons on the issue of some amount of money but this was not recorded in Exhibit22. He admitted that Tanaji was his good friend. He has also made a statement that certain things which he had mentioned to the police were not recorded in the statement but he could not assign any specific reason for the same.