STATE OF MAHARASHTRA Vs. YASHWANT GOVIND SHINDE

JUDGEMENT

(1.) Criminal law was set into motion when Sambhaji Yashwant Gaikwad (PW-8); the Informant made Statement (Ex-34) at 00.45 hours on 1st August, 1992 at P.S. Shirala to the effect that when he was at his house at 9.00 p.m. on 31/07/1992, he heard a quarrel outside the house of Ananda Dhondi Shinde (A-1). He walked out. He saw Yashwant Govind Shinde (A-2) and Sanjay Anandrao Shinde (A-3) having a verbal altercation with Dilip (PW-2) and Jayawant Laxman Gaikwad (PW-6). During the verbal altercation, A-2 hit Dilip (PW-2) on his head with an axe. Sanjay Anandrao Shinde (A-3) hit Dilip (PW-2) on his hand. He also hit Jayawant Laxman Gaikwad (PW-6) with a stick.

(2.) Dilip (PW-2) was examined by Dr. Vilas Vishnu Rawal (PW-7) at 9.30 p.m. on 1st August, 1992 and he authored the Medical Report (Ex32) of Dilip (PW-2) in which an incised wound over the parietal region of 8 cm x 1 cm extended backward; a clear lacerated wound over left upper forearm were noted with further noting that X-ray revealed fracture of the left ulna bone.

(3.) Statements under Section 161 of the Code of Criminal Procedure, 1973 ("Cr.P.C") of Dilip (PW-2), Tanaji Maruti Patil (PW-3), Bhiva Dadu Kotwal (PW-4), Ramchandra Laxman Gaikwad (PW-5), Jayawant Laxman Gaikwad (PW-6) and Sambhaji Yashwant Gaikwad (PW-8) were recorded and we note that the said statements under Section 161 Cr.P.C. state the same facts as are disclosed in the statement (Ex-34).