PAPPU Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2022-4-336
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on April 06,2022

PAPPU Appellant
VERSUS
STATE OF MAHARASHTRA Respondents




JUDGEMENT

V.K.JADHAV, J. - (1.)Both these criminal appeals are directed against the judgment and order of conviction dtd. 2/8/2014 passed by the learned Additional Sessions Judge, Kopargaon in Sessions Case No.64 of 2012.
(2.)Prosecution case, in brief, is as under :- a] The incident had occurred on 15/3/2012. On that day, at about 7.30 p.m. PW 2 Babasaheb Murlidhar Thakre was chatting with his friends at Bhojde Chowki. At about 9.10 p.m. he has received a call from one Suresh Gire informing him that one Mukund Singar was stabbed and was admitted in Phadke Hospital, Kopargaon. Accordingly, PW 2 Babasaheb Thakre with deceased Viresh Singar on one motorcycle, PW 3 Suresh Gire and Satish Shete started on one motorcycle and PW 4 Sham Chavan and Ranjit Dhanad has started on another motorcycle towards the said hospital. PW 2 Babasaheb Thakre was driving the said motorcycle and deceased Viresh Singar was the pillion rider. They were proceeding from Sanvatsar to Kopargaon road from Bhojde Chowki. There is a bus stand at Sanvatsar. The appellants/accused and absconding accused Ravi Shete had tried to obstruct their motorcycle at the bus stand. However, they were proceeded further on their respective motorcycles. On way, before the Sanvatsar Choufuli (chowk), in front of the Government Hospital, Viresh Singar informed to PW 2 Babasaheb that absconding accused Ravi Shete and appellants/accused both were following them on one motorcycle. Accordingly, PW 2 Babasaheb had turned the motorcycle towards Mahanubhav Ashram instead of proceeding towards the Choufuli. However, while taking turn he saw behind by turning his head that absconding accused Ravi Shete and the appellant/accused Kiran Shete were holding Katti (big knife) and the appellant/accused Pappu was driving the said motorcycle. They were on one motorcycle. There is one Palkhi road before Mahanubhav Ashram which proceeds towards the Sanvatsar village. PW 2 Babasaheb took his motorcycle from the said road. The said road was in ascending order and thus the speed of the motorcycle was reduced. Meanwhile, somebody from those three accused persons threw the Katti on the person of PW 2 Babasaheb and deceased Viresh. Said Katti hit to the backside wheel of their motorcycle. In consequence of which, motorcycle fallen down on the road. There are two roads at the said spot. One is proceeding towards the village and another is proceeding towards the river from Mahanubhav Ashram. PW 2 Babasaheb ran towards the river road and Viresh ran towards the village road. In the meantime, deceased Viresh was caught by the absconding accused Ravi Shete and both the appellants/accused. PW-2 Babasaheb has hidden himself in the bushes ahead of the road on height. He has witnessed the entire incident from the said place. The appellant/accused Kiran Shete and absconding accused Ravi Shete had extended the beating to deceased Viresh Singar with Katti. He was beaten behind his ear, back and below the arms with Katti. Thus, deceased Viresh Singar had fallen down. Then, absconding accused Ravi Shete had picked up a stone and thrown it on the head of Viresh. On the basis of the complaint Exhibit 56 lodged by PW 2 Babasaheb Thakre, crime No.72 of 2012 for the offence punishable under sec. 302, 34 of the Indian Penal Code came to be registered in the police station, Kopargaon. Hence, these two appeals.
b] PW 10 P.I. Madhukar Aute had drawn the inquest panchnama Exhibit 41 of the deceased at Civil Hospital, Kopargaon in the morning in presence of two panchas. He had sent the dead body of the deceased Viresh @ Banti for postmortem examination. He has thereafter went to the spot and carried out the spot panchnama exhibit 47 in presence of two panchas. He had seized simple soil, blood mixed soil, motorcycle of deceased Viresh @ Banti, two stones having blood stains, scarf (Uparne) of deceased Banti, stick of Babhul tree with blood stains and iron big knife (Katti). He has also seized clothes of the deceased by drawing the panchnama exhibit 48. He has also recorded the statements of the persons near the spot of offence, relatives and friends of the deceased. He has effected arrest of the appellant/accused Pappu @ Santosh Shete on 16/3/2012 and accused Kiran Shete on 18/3/2012. During the course of the investigation, under his directions, PSI Pawar has seized the wearing clothes of the appellant/accused Pappu @ Santosh Shete. Further, at the instance of the appellant/accused Kiran, motorcycle used in the commission of the crime and clothes on his person came to be seized by drawing the memorandum panchnama exhibit 64 and recovery panchnama exhibit 65. He has carried out further investigation in the crime and fnally submitted the charge-sheet by showing the other accused persons as absconding.

(3.)The learned Additional Sessions Judge, Kopargaon vide exhibit 18 has framed the charge against both the appellants/accused for the offence punishable under Sec. 302, 201 r/w 34 of the Indian Penal Code. Both the appellants/accused pleaded not guilty to the charge and claimed to be tried. The prosecution has examined in all 11 witnesses to substantiate the charges levelled against the appellants/accused. The defence of both the appellants/accused is of total denial. According to them, deceased Banti was doing the sand business illegally at the instance of his associates Suresh Gire and Dhanad. PW 2 Babasaheb has lodged the false complaint against them. According to them, they are innocent and they have been falsely implicated in connection with the present crime. It further appears from their cross examination that deceased Viresh @ Banti had sustained the injuries due to fall from the motorcycle. Their motorcycle was slipped due to the sand at the spot. The accused persons have not examined any defence witness.


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