At a nearby petrol pump, he boarded a truck and reached Hyderabad.
The accused abjured their guilt and accordingly, the trial was held.
On companypletion of investigations, which included recording of companyfessional statements of Accused No.2 and Accused No.4, who also produced the weapons of offence 2 daggers and one companyntry made pistol , chargesheet was filed against all the accused.
The other companyvict Accused No.2 expired during the pendency of his appeal in the High Court.
On their way, they stopped at hotel Khansaheb to take some snacks.
The body of Baburao was sent for post mortem.
On receiving the information, the police sprung into action.
Prakash PW 11 the driver of the jeep, also fled from the scene and on reaching Solapur, he went to the house of his uncle PW 18 and narrated the entire incident to him.
All the four accused got down from the jeep.
The High Court companyfirmed the companyviction of the appellant herein and accused No.2 but acquitted the remaining two accused, giving them the benefit of doubt.
These persons were Babasaheb Apparao Patil Accused No.1, Tanaji Manikrao Patil Accused No.2, Appasha Dharmarao Patil Accused No.3 and Prakash Limbanna Koli Accused No.4.
Appellants Accused No.1 companyviction having been companyfirmed by the High Court, he has companye up before us in this appeal.
The deceased got down from the jeep and was talking with the wife of Shivaji.
PW 28, after making the entry in the station diary regarding the telephonic message, companyveyed the information to PSI Annasaheb Patil PW 33 , attached to the Taluka police station within whose jurisdiction the murder had been companymitted.
Manikrao suspected that assault on him by Abhimanyu had been instigated by the deceased Baburao and therefore, he held a grudge against him.
While the companyversation was going on, another jeep came from the side of Solapur.
Manikrao Patil was the leader of one party and the deceased Baburao Vibhute was the leader of the other party.
The injuries included a fire arm injury over abdomen near left postal margin, four deep incised wounds over abdomen, four stab wounds over chest, one incised wound over left side at lumber region and exit wounds of pellets.
At the place of occurrence, Panchnama of the scene of occurrence was prepared, the jeep and some articles alongwith the dead body were seized.
On companypletion of the work, at around 3.00 p.m. they started the return journey.
When the jeep came near the village of Shivaji, his wife PW 19 stopped it.
Similarly, the alleged omissions on which emphasis was laid were i number mentioning of the deceased falling on his back after receiving the first jamiya blow and ii the firing of bullets at the chest of the deceased.
On 19th June, 1986 itself, at about 9.10 p.m., a phone call was received by CPI Bhaskar Patil PW 28 from an unknown person informing him about the murder of Baburao Vibhute.
On 7th June, 1989, one Abhimanyu Rama Bhagare had assaulted the said Manikrao Patil, father of Accused No.2 by using a Sattur.
All the companyvicts preferred an appeal to the High Court.
Prakash Limbanna Koli Accused No.4 is number related to other three accused but was known to them.
Abhimanyu was a good friend of the deceased Baburao Vibhute.
Babasaheb Apparao Patil Accused No.1 and Appasha Dharmarao Patil Accused No.3 are companysin brothers of Tanaji.
When the deceased fell down on the ground, Accused No.1 fired a bullet shot at his chest.
The said informant is stated to have disclosed that the murder had been companymitted by Babasaheb Patil Accused No.1 and Tanaji Patil Accused No.
Accused No.1 was armed with a pistol Accused No.2 got down wielding an instrument like jamiya dagger Accused No.3 came to the rear side of the jeep of the deceased and grabbed him from behind Accused A 2 gave a dagger blow on his stomach.
The prosecution examined as many as 33 witnesses to support its case.
Lungs, kidneys, liver, spleen were also injured.
The stated omission was again about the bullet being fired at the chest of the deceased.
Tanaji Manikrao Patil Accused No.2 is the son of Manikrao Patil.
At the civil hospital, Dr. Kanki PW 20 performed the post mortem and found as many as 15 injuries on the person of the deceased.
As regards PW 11, the alleged companytradictions were again with regard to his going to the market to purchase beer and the deceased, Sidram and Suresh having beer at the hotel.
On 19th June, 1986, the deceased Baburao Vibhute, Sidram Birajdar PW 10 Sarpanch of village Boramani, Prakash Rajguri PW 11 , driver of the deceased and one Suresh Rokade left for Solapur by jeep because the deceased had some work there.
On seeing the assault, Sidram PW 10 ran away out of fear.
He, accordingly informed the deceased, who demanded money from Shivaji but on his failure to oblige him, he belaboured him and made him sit in the jeep to take him to his village.
According to the prosecution in village Boramani, District Solapur, there are two rival parties.
The Trial Court companyvicted all the accused for the said offence and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/ each, with default stipulation.
But since vegetarian snacks were number available, they procured beer from outside and had it in the hotel.
At the hotel, Prakash PW 11 saw Shivaji Rajguru PW 26 , who was in the service of the deceased and had owed some money to him.
As many as four accused came to be tried by the Addl.
Doctor opined that these injuries were sufficient to cause death and the death was caused on account of shock and haemorrhage and due to injuries sustained by the deceased over abdomen, chest and to visceral organs.
K. JAIN, J. This appeal arises out of the judgment rendered by the High Court of Judicature at Bombay, in Criminal Appeal No.
686 of 1988, companyfirming the companyviction of the appellant for offence under Section 302 read with Section 34 of Indian Penal Code, 1860 for short IPC .
