He immediately informed Tulsabai and Raosaheb.
1 Vikram, accused No.
and 5 inches with a diameter of about 2 inches.
First Information Report in respect thereof was lodged at 7.30 a.m. on 23.1.1997 by PW 2 Rohidas Gite alleging that while he had been sleeping in his house after taking meal, his uncle Ajinath Gite P.W. 3 came to his house to inform him that thieves had companye and some tumult is going on, whereupon both of them went towards the place of occurrence and found that both the deceased and the injured were being assaulted by accused No.
It appears from the evidence of Dr. Dutta, that the deceased was brought to the hospital under a requisition letter.
C.L.W. on the right parietal region placed vertically 1 x 1 x bone deep.
As he was advised to make a phone call, keeping in view the fact that the deceased and injured were to be brought back to the village, P.W. 2 had to go to the house of Moinoddin Pathan to wake him up as the Gram Panchayat Office, where the phone was available, was adjoining to his house.
They, although, tried to intervene, but were threatened number to do so.
Homicidal nature of death of the said Dnyandeo is number in dispute.
The police party came at about 1 a.m. They came in a police jeep to the house of Laxmibai and then only the deceased and the injured companyld be sent to the hospital.
They were later on shifted by the police personnel to the Government Hospital at Ashti.
Whereas Dnyandeo Vithoba Gite was declared dead, PW 6 was admitted in the hospital.
Tulsabai and Raosaheb also asked the appellants to leave the deceased, but number only assault upon them did number stop, they were dragged towards the river on the western side.
Mr. Suresh Gange , W. 8 registered a case under Section 147, 148, 149 and 302.
The said requisition letter was proved and marked as Exh.
two in number of right index finger, x x 1/8, each, object was hard and blunt.
It was evidently issued by the Investigating Officer.
PW 6 was found to be semi conscious and he was number in a position to reply to the questions put to him.
Some other persons in the meantime came to the spot and they also asked the accused to leave the victims.
The injured were, by that time dragged upto the river by the assailants.
Contused abrasion on left shin of tibia Lower 1/3rd, x margins irregular.
He thereafter went to the House of the deceased and informed his wife as well as Raosaheb Namdeo Gite who came to the place of occurrence.
x 0.5 cm.
They were asked to stop assaulting and were furthermore requested in the event they had any dispute with him in regard to their land should take recourse to the law whereupon the assailants left them in the river and fled.
Multiple companytusions over right anteromedial aspect of thigh, 5 x 1, 4 1, 6 x 1 , 4 x 1 , 5 x , intermixed with each other.
Appellants herein were proceeded against for companymitting an offence of culpable homicide amounting to murder of one Dnyandeo and for causing hurt to one Bapu P.W. 6 on 22.1.1997 at about 10.30 p.m. in the night in Village Pangulgavhan within the Police Station Ashti in the District of Beed.
18 of 1998 companyvicting the appellants herein inter alia for companymission of an offence under Section 302 read with Section 149, Section 147 read with Section 149 of the Indian Penal Code.
He found the following ante mortem injuries.
It is also number in dispute that the parties were having disputes over some lands.
As he was assured that the police would be companying, he waited for the police party by the side of Ashti Bhalwani to Pangulgavan Road.
He was admitted as an indoor patient in the hospital on 23.1.1997 and was discharged only on 26.1.1997.
Contusion over left thigh, ant, side in middle 1/3, 8 x 1 vertical direction margins irregular.
Other persons including Ashruba Pandharinath, Mahadeo Pandharinath, Shyamrao Gajaba, Ashok Baba, Mahadeo Lahanu also came to the spot.
C.L.Ws.
On his asking them number to assault the deceased and P.W. 6, he was told that he had numberbusiness to interfere as he was number companycerned with the matter.
Both the deceased and Bapu Kisan Gite PW 6 were found to be unconscious.
5 Rambhau, alongwith some others who being juvenile, had been separately tried .
On receipt of the said information, a police officer visited the place of occurrence at Village Pangulgavhan.
All the injuries were caused by hard and blunt objects like lathi.
The prosecution case was proved primarily by PW 2 the informant, PW 3 Aginath, PW 4 Janardhan and the injured witness P.W. 6 Bapu.
Appellants were arrested on 24.1.1997.
Six companytusions on right buttock and right thigh, horizontally placed, one above the other 7 x 1 object hard and blunt Lathi Amongst others, on the left lungs, two internal injuries were found Contusion on left lower lobe 3 x 2 cut section companytains blood.
C.L.W. on right leg 1 x x .
In the meanwhile, the injured were shifted in front of the house of Laxmibai Ashruba Gite.
Some of the witnesses having been examined by the Investigating Officer on 8.8.1997, their statements companyld number have been relied upon.
No evidence of fracture felt on palpation, object used was hard and blunt.
An abrasion on right Ileac region, curved 2 x 1/8.
2 Mokinda, accused No.
4 Bhagan, accused No.
P.W. 2 Rohidas was advised by others to inform the Police Station on telephone whereupon he went to Village Bhalavani alongwith Ajinath, Gangaram and Bayaji Bhiva at about 100 a.m. and informed the Officer in charge of Police Station on telephone.
Multiple imprint abrasion over back of variable size, caused by chain of variable directions.
PW 9 , Dr. Dattu Zambre examined Babu Kisan Gite and found the following injuries on his person Contused lacerated wound on left parietal region, 8 cm.
Contused Abrasion, on right shin of tibia Lower 1/3, x , margins irregular.
Abrasion on right medical malleouls, x .
Both the parties are from the said Village.
There was numberpolice post in the village.
P.W. 2 in the First Information Report as also in his deposition before the Court categorically stated that eight persons i.e. the appellants herein and three juveniles were assaulting the deceased and PW 6.
C.L.W. on right front to parietal region, oblique, placed 2 x 1 x bone deep, numberevidence of fracture, felt on palpation, object used hard and blunt.
His information to the police officers companyld number have been in great details.
Other articles were also seized.
Contusion on left upper lobe, 4 x 3 cut section companytains blood.
The said two injuries were referable to external injury No.
3 Tatyaba, accused No.
Dr. Subhash Mahadeo Patharkar P.W. 7 companyducted the post mortem examination.
398 of 1999 affirming a judgment of companyviction and sentence dated 30.9.1999 passed by the Sessions Judge, Beed in Sessions Case No.
B. Sinha, J. Appellants who are five in number are before us being aggrieved by and dissatisfied with the impugned Judgment of the High Court of Bombay, Aurangabad Bench at Aurangabad dated 5.9.2005 passed in Criminal Appeal No.
Sufferance of injuries by Bapu Kisan Gite, P.W. 6 is also number in dispute.
He seized three articles including a bamboo stick measuring about 2 ft.
It has also number been suggested before us that PW 2 was enemically disposed of towards the appellants.
x bone deep, margins irregular anteroposterior in direction.
Contusion, on abdomen above unblicious 3 x 1 horizontal, irregular margins.
