VIBHA KANKANWADI, J. - (1.)Present Appeal has been filed by original accused Nos. 1 to 4 challenging their conviction by the learned Additional Sessions Judge, Sangamner, District-Ahmednagar in Sessions Case No. 12 of 2004, on 30/1/2016.
(2.)The prosecution story, in short, is that deceased Santu Jayram Ranmale was residing with his wife, two sons and daughter-in-laws. Santu and his wife used to run a small hotel / tea stall near the temple of Haujinath Baba in village Mirpur Lohare, Taluka-Sangamner, District-Ahmednagar. His son Dattu - informant is a tempo driver. There was dispute between Santu's family and the family of one Nana Sakharam Yelmame on account of hotel premises. The civil suit was pending. Quarrel had taken place on 1/10/2003 on account of the said dispute and the reports were lodged with the police station. On 8/10/2003, around 7.30 a.m., PW-2 Dattu was cleaning his tempo in front of his house. His mother and father were looking after the affairs of the hotel. At that time accused No.1 Anil, who is the son of Nana Yelmame, with whom the said civil dispute was pending, passed from the hotel in a Maruti Van. But after going some distance, Anil returned, stopped his Van in front of the hotel. The said Van was bearing No. MH-15-AS-2891. After getting down from the Van with sword in his hand, accused No.1 went towards Santu in the hotel and gave blow of sword on the head of Santu and second blow was given on his hand. Santu fell down and then immediately accused No.1 went in the said Maruti Van towards his house. Informant Dattu and his brother Balasaheb went running towards their father. It was around 8.00 a.m. at that time. Both the brothers and their mother frightened. Some people gathered there. At that time, from the field the accused persons including Nana Yelmame (now deceased) came armed. They assaulted informant, his brother and other persons. Then the brothers managed to take Santu to Hospital. Santu was admitted to Government Hospital, Sangamner, but upon examination, he was declared dead by the medical officer. PW-2 Dattu went to the Police Station and lodged the report.
(3.)Upon the said First Information Report (fort short "the FIR"), Police went to the spot and carried out the spot panchnama. Prior to that, when Santu was declared dead, the fact was informed to Sangamner Police Station and inquest panchnama was executed. The dead body was sent for postmortem. The injured persons were also referred for medical examination and their medical examination was got done at Government Hospital, Sangamner. Statements of witnesses came to be recorded. The Van used in the commission of crime was seized. The other papers were collected and after completion of the investigation, charge-sheet was filed against in all 15 accused persons.