Background facts in a nutshell are as follows First Information Report was lodged by one Krishnaji at Dhule Police Station on 7.7.2001 at 0030 hrs.
It did number accept the plea of accused appellant that a case relatable to Section 302 IPC is number made out as single blow was given.
Information given by Accused No.
This panchanama is proved in the evidence of API Deepak PW 12 .
He arrested Accused No.
API Deepak PW 12 also seized a steel bucket at the instance of Accused No.2 from his house.
Clothes of the deceased were seized, after the post mortem under seizure panchanama.
His uncle Bandu assaulted Krishnaji and his father with a stick.
It was alleged by him in the report that on 06.07.2001 he was with his father in the thrashing floor.
4 and the weapon alleged to have been used in the companymission of crime i.e. stick was discovered at the instance of Accused number 4.
The assailants after numbericing the injuries, left for their house.
Accused No.
2 Navnath were present.
Thereafter, Krushnaji, in an auto rickshaw went to Dhule for lodging the report and for treatment.
A 1 assaulted his father with an axe.
He registered the offence on 07.07.2001 at 00.30 hrs.
1 Baban and Accused No.
He also seized the stick at the instance of accused No.2 from his house.
8 Kamlabai on 03.08.2001.
Sindhubai was also beaten by other lady accused persons by fists and blows.
To prove this panchanama, Exhibit 83, prosecution relied upon the evidence of Aba PW 3 as well as Deepak PW 12 .
This panchanama is at Exhibit 83.
In the morning of 07.07.2001, he drew panchanama of the scene of offence Exhibit 80 with the assistance of PW 8 Shantilal, a panch witness.
Investigation was taken over by PW 11 Hiralal.
One Bandu Rambhau Patil is his uncle.
On companymittal of the case of the Court of Sessions, charge was framed by the learned Additional Sessions Judge, Dhule.
At the time of drawing spot panchanama ordinary soil as well as soil mixed with the blood was seized, kept in a packet and packet was sealed.
Investigation was undertaken.
API Deepak PW 12 held inquest over the dead body of Vithoba in the presence of two panchas and recorded a panchanama to that effect, which is at Exhibit 47.
API Deepak PW 12 also clarified in his evidence that xerox companyy of the panchanama is placed on record since the original companyy of page No.
and these witnesses have rescued Sindhubai and Prakash PW 5 .
He also recorded statements of Sindhubai, mother of PW 1 Krishnaji.
On the way to their house, they were also accompanied by one Prakash Bhandane husband of his aunt.
He explained that calf had un tied itself and that it was number a deliberate act on his part.
4 Bandu was recorded in the presence of panch witnesses under Section 27 of the Indian Evidence Act, 1872 in short the Evidence Act .
It is to be numbered that in all seven accused persons faced trail and out of them four persons were acquitted by the trial Court.
In support of the appeal learned companynsel for the appellant submitted that the factual scenario clearly shows that over petty matter the dispute arose and in companyrse of sudden quarrel the blow was given.
4 showed readiness and willingness to disclose certain informations.
Partition between his father and uncle Bandu took place prior to the lodging of the report.
The trial Court numbericed that the case of prosecution primarily rested on the ocular evidence of PWs 1, 5 and 9.
2 Navnath also assaulted him and his father with a stick.
This xerox companyy was exhibited in the evidence of API Deepak PW 12 .
At about 1.30 a.m. on 07.07.2001, he arrested Accused Nos.1 to 6.
Placing reliance on their evidence the trial Court found the accused persons guilty while directing acquittal of four of the accused persons before it.
API Deepak PW 12 called two panchas, namely Ravindra and Aba.
API Satish PW 13 recorded statements of two witnesses.
It is to be numbered that Krishnaji PW 1 , Prakash PW 5 and Swaroopchand PW9 had stated about the assaults made.
After some time, his uncle Bandu and Accused number2 Navnath and Accused number1 Baban came to their thrashing floor and hurled abuses at them.
At that time Accused number1 assaulted Prakash PW 5 with sword, at his neck.
According to API Deepak PW 12 Accused No.1 Baban made a disclosure statement regarding an axe.
On 06.07.2001 PSI Hiralal PW 11 was on duty at Dhule Taluka Police station.
They scolded him on account of the calf entering their thrashing floor.
Krishnaji followed the calf to the thrashing floor of his uncle Bandu, caught hold of it and brought it back to his thrashing floor.
The stroke was given on the head of Vithoba.
API Satish PW 13 filed charge sheet against the accused persons.
In the evening of 06.07.2001, at about 7.00 p.m. a calf which was tied in his thrashing floor, untied itself and went to the thrashing floor of his uncle Bandu.
Along with Shantilal PW 8 , one more panch witness Gopichand was present.
Thereafter, he handed over the investigation to API Deepak Gotmare PW 12 .
This beating was witnessed by Meerabai, Nadarbai, Sadashiv etc.
According to the information received and at the instance of Accused number 1, said axe was discovered by API Deepak PW 12 .
Said statement was recorded under panchanama in the presence of panch witnesses.
At about 7.15 p.m. his mother Sindhubai was also abused by Accused Nos.
He, thereafter handed over investigation to API Satish Jadhav.
Krushnajis report was registered by Police Station Officer at Cr.
On 10.7.2001 Accused No.
At that time Prakash PW 5 requested them number to scold Sindhubai.
He returned to his thrashing floor along with the calf.
Despite partition, the agricultural lands were standing in the name of his father Vithoba.
In pursuance of the information disclosed, the panch witness and Police Officers were led by Accused No.
This memorandum of panchanama is at Exhibit 93, which led with the discovery of weapon is proved in the evidence of PW 3 Aba as well as in the evidence of API Deepak PW 12 .
2 of the panchanama was found missing at the time of the trial.
Said weapon was attached and seized under panchanama Exhibit 94.
1 and 2 and other companyAccused, who are acquitted by the trial Court.
He along with his father Vithoba returned to his house.
This witness also caused the examination of accused and companylected blood samples.
At that time his uncle Bandu, Accused No.
The matter was carried in appeal before the High Court which as numbered above companyfirmed the companyviction of the appellant while allowing the appeal filed by the companyaccused persons.
169 of 2001, under Sections 147, 148, 149, 307, 324, 504, 506 of IPC.
Accused number2, Accused number1 and other Accused persons assaulted his mother Sindhubai as well as Prakash PW 5 .
Hiralal PW 11 , thereafter, interrogated some witnesses and recorded their statements.
All the three accused persons were found guilty of the aforesaid charges by learned II Additional Sessions Judge, Dhule.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench, upholding the companyviction of the appellant for offence punishable under Sections 302 and 324 read with Section 34 of the Indian Penal Code, 1860 in short the IPC , while directing acquittal of two companyaccused persons who had faced trial for the alleged companymission of offences punishable under Sections 302 and 324 read with Section 34 IPC.
