RAMESH GENU KUSALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.233 of 2001 is filed by the State seeking enhancement of sentence imposed on the three Accused persons whereas Criminal Appeal No.231 of 2001 is filed jointly by the three Accused persons assailing their conviction under Section 304 Part II of the IPC and the sentence imposed vide judgment dated 05/02/2001 by the Additional Sessions Judge, Pune in Sessions Case No.253 of 1999.

(2.) We have heard Mr. Yagnik, learned A.P.P. representing the State and Accused No.2 - Kiran Salunke, who is personally present in the Court. At the outset, it was informed by the A.P.P. that A-1 Ramesh has died during the pendency of the appeal and the State, therefore, intends to prosecute its appeal only against Accused Nos.2 and 3.

(3.) Both the appeals revolve around an incident which took place on 16/04/1999 and which was reported by the Complainant Santosh (PW4) based on whose statement, the investigating machinery was set into motion. Complainant - PW-4 Santosh stated that on 15/04/1999, when he was strolling on the road, he saw a crowd in front of New Fashion Tailor on Kopre Road and he gained knowledge that a fight had ensued between Ganesh Pawar, resident of Kopergaon and one Aatish Dawde in which Aatish was injured and he was admitted in Sanjeevani Hospital, Uttamnagar, Pune. The Complainant then stated in his complaint that on 16/04/1999, he along with his four friends Sushil, Hiralal (deceased), Deepak and Pappu had gone to Manisha Theatre to watch a matinee show since the vehicle in which they were travelling was punctured and they had to take the said vehicle into a garage. At the relevant time, a person who normally accompanied Aatish and whom the Complainant did not knew personally but only by face but he was not aware of his name and address, went inside Manisha Theatre and, after sometime, he came out of the theatre along with three other persons. It is further stated that one of the persons amongst them slapped PW-6 Sushil and thereafter all the four persons took out the knives from their pockets and assaulted the Complainant and his friends. As per the Complainant, he was assaulted in his head and the other three assailants assaulted PW-6 Sushil, PW-7 Deepak and the deceased-Hiralal and injured them. The Complainant ran away from the spot apprehending threat to his life and after sometime when he came out, he saw deceased-Hiralal and PW-6 Sushil in an injured condition and they were bleeding. The Complainant along with his friends approached the Uttamnagar Police Station and informed about the incident and all the injured persons were referred to the hospital. At the relevant time, when the complaint was lodged, PW-6 Sushil and the deceased-Hiralal were under treatment. Based on the said complaint, a FIR was registered under Sections 326 and 307 of the IPC. Deceased-Hiralal, who has suffered injuries on the chest, stomach and neck succumbed to his injuries on 19/04/1999 and, therefore, offence under Section 302 came to be added. The Accused persons came to be arrested on 20/04/1999. Statements of all the injured persons were recorded and they confirmed that the Accused persons were the assailants who had mounted assault on them and injured them and they were the one who assaulted deceased-Hiralal, who succumbed to the said assault.