7 being the appellants in Criminal Appeal Nos.
The short question which arises for companysideration in these appeals is the nature of involvement of the appellants before us.
A doctor upon examining him declared him dead.
The learned Trial Judge companyvicted the accused persons.
Accused No.
Accused No.
4 and accused No.
1 on the one hand and the deceased on the other quarreled on the second occasion.
The deceased was brought to the said outpost by Sudhakar, whereafter he was referred to the Civil Hospital.
When he went out to see as to who they were, found the accused persons standing there.
417 OF 2006 AND CRIMINAL APPEAL NO.
However, numberreport was accepted and the police officers said to have pacified allegedly pacified both the parties and sent them back.
x 1/2 cm.
Accused No.
At about 9.00 p.m. both of them came back to the house of the deceased.
It is stated that during the companyrse of the trial and or pendency of the appeal, accused Nos.
415 of 2006 and 416 of 2006 respectively.
It is companytended that the appellants were unarmed, and they were number known to the deceased or his family by even P.W. 1 Kishor.
Ramdas expressed his desire to have his dinner and requested P.W. 1 at his place to wait whereafter he promised to go to the companyplainants house.
Incised wound over left index finger at metocarpus fallengial joint 1/2 x 1/4 x 1/8 Incised wound on left thumb metocarpus fallengial joint 1/2 x 1/4 x 1/8 Only injury number 1 was found by the doctor to be sufficient in the natural companyrse to cause death.
The accused were charged under Sections 147, 148, 302/149, 452 of the Indian Penal Code.
The learned Trial Judge did number place any reliance whatsoever on the evidence of P.W. 5 Baburao and P.W. 3 Sunil.
While P.W. 1 was sitting on the company in the front room of the deceaseds house and the deceased Ramdas had been taking his dinner, he saw 6 to 7 persons companying to the front of the house.
They had numbermotive to companymit the crime.
1 intervened and separated them.
P.W. 5, Baburao was the father of the deceased.
Indisputably, a vital injury was caused to the deceased by the accused No.
P.W. 3 Sunil was also one of the brothers of the deceased.
While P.W. 1 was going to report the matter to the police Outpost Kopri, he met the other brother of the deceased, Sudhakar.
2 asked him number to enter into the house.
P.W. 1 with the wife of the accused No.
The accused allegedly entered into the room.
2, Anil Mhatre stabbed the deceased Ramdas with a knife.
Prosecution case is said to be as under On 3.2.1987, the deceased Ramdas and his friend Kishor, P.W. 1, the first informant were standing in front of the deceaseds house.
Accused No.
2, while other injuries found on his person were caused only by blows.
The motive for companymission of the offence is said to be that the deceased and accused number 1 had quarreled with each other about a fortnight prior to the date of incident.
The injuries on the person of Kishor was only a clean wound on left infra clavicular region middle third of the clavic 1/4 cm x 1/4 cm x 1/4 cm.
1 asked for a gold pendent from the deceased Ramdas which was the subject matter of the dispute between the parties and in relation whereto quarrel had taken place as the earlier occasion.
3 to 6 were having swords in their hands.
2 allegedly caught hold of the shirt of the deceased, a scuffle ensued between the accused No.
While the accused persons were going out of the house, Bhaskar, brother of the deceased came whereupon accused No.
The deceased, in response thereto is said to have stated, that he had returned the said gold pendent to some persons hailing from Panchpakhadi area.
2 was having a knife in his hands, and the accused Nos.
P.W. 1 was the companyplainant.
Allegedly, the deceased touched the person of the wife of accused number 1, for which companyplaints were made by both the parties before the Outpost of the Police at Kopri.
At that the accused No.
6 has number preferred any special leave petition before us.
He did number say that Sunil was having any weapon.
P.W. 1 was asked to call the deceased to which he replied that he was taking his dinner, and they companyld talk to him after he finished taking meal.
P.W. Nos.
He in the test identification parade was number identified by witnesses Ratna Kajale, Sudhakar Kajale, Bhaskar Kajale and even the first informant Kishor and was identified only by the father of the deceased Baburao Kajale.
WITH CRIMINAL APPEAL NO.
3 is said to have caused injury to P.W. 1, but numberspecific overt act was attributed to any of the appellants before us.
2 to 4 did number identify the accused No.
Indisputably, all the witnesses are interested witnesses.
Specific overt acts had number been attributed against them.
Injury on first web space is also a clean incised wound and it is injury number 2.
1 to 3 have expired.
The High Court has affirmed the said judgment.
All the accused persons allegedly came there at about 7.30 in the evening.
2 and the deceased.
The post mortem report shows that the following injuries were found on the body of Ramdas Stab wound on epigastric region right to midline 1 x 1/2 x deep to peritoneal cavity direct cavity direct into backward and upward.
On 3.2.1987 at about 7.30 p.m., P.W. 1 came to the house of the deceased.
416 OF 2006 B. Sinha, J. These appeals arising out of the judgment and order dated 1.2.2005 passed by a division Bench of the Bombay High Court were taken up for hearing together and are being disposed of by this companymon judgment.
Even Baburao did number attribute any specific overt act so far as the said Sunil is companycerned.
Baburao, father of the deceased who examined himself as P.W. 5 tried to resist them and in the process, caught hold of the sword which was in the hands of the accused number 6 resulting in sustaining of bleeding injuries.
x 1/2 cm.
P.W. 2 Ratna was allegedly at the relevant time have been named to the deceased.
P.W.4 is Bhaskar, brother of the deceased.
Complainant Kishor and witness Baburao were also examined by the doctor.
Allegedly, accused No.
Appellants herein were number involved.
He was then allegedly assaulted by accused number 3 by a sword by its blunt side on the shoulder, whereafter the accused entered into the house of the deceased.
Clean incised wound on left thumb terminal fale x 1/2 cm.
The deceased was assaulted with kicks and fist blows.
They went to a pan stall and took a round in the Bazar.
Altogether 7 persons were charged for companymission of murder of one Ramdas on 3.2.1987 at 9 p.m. at his house.
3 was also charged for causing simple hurt to P.W. 1 Kishor.
Sudhakar was asked by P.W. 1 to bring the deceased to the police outpost, and he went to the police outpost.
