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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