AMOGSHIDH ANNAPPA SHENDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this Criminal Appeal the appellants challenge the Judgment and Order dated 4-5-1995 passed by the IVth Additional Sessions Judge, Solapur, in Sessions Case No. 239 of 1994, convicting and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to undergo one years R. I. , for the offence under section 302 r/w 34 I. P. C. It is pertinent to mention that along with the appellants were tried two others namely Mohan Nimbalkar and Pandu @ Pandurang Yadgiri Utkamwar but, they have been acquitted vide the impugned Judgment. The State of Maharashtra has not challenged their acquittals by preferring an appeal under section 378 (1) Cr. P. C.

(2.) IN short, the prosecution case runs as under:-Between the deceased Rahul on the one hand and the appellant - Amogshidh Shendge and the acquitted accused - Mohan on the other hand, there was an enmity. On 20-4-1991 Rahuls cousin Bhimrao was murdered and for the said murder, companions of Amogshidh and Mohan, namely Prabhakar Talikote, Sidhu Tambe and Chandrakant Salunkhe were prosecuted and sentenced to life imprisonment by the trial Court. They had preferred an appeal in the High Court and Rahul made efforts to ensure that they were not granted bail. On 25-9-1994 at about 11. 30 a. m. the informant Bhaskar Waghmare P. W. 3 along with Rahul and other members of his family had gone to Sharan Math in Indira Nagar, in Solapur town for getting photographed. The photographs were required in connection with Identity Cards to be used in the elections. Rahul had gone to the said place on a M-80 Motor-cycle. After getting photographed, Rahul on a motor-cycle, the informant and other family members on foot, proceeded for their house. At about 12. 30 p. m. when Rahul had reached on the public road, in front of the house of Vishwanath in Bharat Ratna Indira Nagar, the appellants and the acquitted accused Mohan accosted him. Thereafter, the appellant Amogshidh inflicted blows with sattur on the forehead of Rahul. The appellant - Mallu Birajdar and the acquitted accused Mohan hurled stones on his head. At the said time, the acquitted accused Pandurang Utkamwar was instigating them to assault Rahul. Hearing the cries, the informant Bhaskar Waghmare P. W. 3, Shravan P. W. 8 and Deepak P. W. 9 reached the place of the incident. They are said to have seen the incident. The evidence of Bhaskar Waghmare P. W. 3 shows that during the course of the incident, he became unconscious. The evidence shows that after assaulting Rahul, the appellant - Amogshidh went to police station Sadar Bazar. At 12. 55 p. m. he reached the said police station and gave the information that Rahul was lying in an injured condition in Bharat Ratna Indira nagar. On the said information, H. C. Digambar Jadhav P. W. 15 made an entry in the station diary at 12. 57 p. m. On telephone he communicated the information to PSI Patil at Taluka Police station who on wireless informed that Rahul had been sent to the General Hospital, Solapur. In the meantime, the informant regained consciousness and found that Rahul was not there and policemen were there. He came to know that Rahul had been shifted to the General Hospital, Solapur. He reached there immediately. 2a. The evidence of PSI Patil P. W. 18 shows that P. W. 15 Digambar Jadhav informed him about the information given by the appellant - Amogshidh, and consequently, he reached the place of the incident; found Rahul lying there; and in a rickshaw took him to the General Hospital, Solapur. His evidence shows that at the said hospital, he recorded the F. I. R. of Bhaskar Waghmare P. W. 3.

(3.) THE injuries of Rahul were medically examined at about 1 p. m. on 25-9-1994 at the General Hospital, Solapur by Dr. Pandurang Burute P. W. 11 who found on his person the following injuries :-