VISHAL RAJENDRA JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants are convicted vide judgment and order dated 08th September 2011 passed by Learned Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No. 136 of 2009 for the offences under Section 302 read with 149 of Indian Penal Code , 307 read with 149 of IPC , Section 323 read with 149 of IPC , Section 147 and Section 148 of IPC. They were acquitted for the offences under Section 504 read with 149 and Section 37(1) read with Section 135 of Bombay Police Act.

(2.) The Appellants have challenged the aforesaid judgment and order of conviction by preferring these appeals by invoking Section 374(2) of Code of Criminal Procedure.

(3.) The prosecution case is that there was altercation between accused No. 1 and PW-6 on 05.01.2009. On 27.01.2009 while PW-6 was proceeding, to answer nature's call, accused Nos. 1 and 2 with juvenile yogiraj came on a Motor Cycle and had altercation with PW- 6. They started assaulting him. PW-6 started running to save himself. Accused No.1 hit him on his back by stone. After seeing this Manoj Gaikwad, Renuka Gaikwad, Sujata Gaikwad, Rajesh and Sachin Gaikwad came there. Manoj (deceased) was assaulted by accused Nos. 1 and 2 with iron rod and iron pipe. Rajendra Jadhav, Baban Gaikwad Pavan Gaikwad, Vinod Jadhav and Vivekanand Jadhav came at this spot. Accused No. 5 assaulted Renuka (PW-9) on her head with a sword. Accused No. 3 assaulted with blunt portion of the axe on the right hand of Sachin (PW-8). Accused No. 2 assaulted Sujata. Rest of the accused assaulted Raju Gaikwad with fist and kick blows. In the meantime Yuvraj, Deepak and Sumeet persons gathered on the spot hance the accused ran away. Manoj Gaikwad was taken to civil hospital where he was declared dead. FIR was registered vide C.R. No. 6/2009 under Sections 302 , 307 , 323 , 504 , 147 and 149 of IPC and Section 135 of Bombay Police Act. Accused Nos. 1 to 7 were arrested on 28.01.2009. Statements of witnesses were recorded. On completing investigation chargesheet was filed.