The said Criminal Appeal No.
The investigation was taken up and statements of various witnesses including the statements of Jaitunbi, Nadirabi, Sheikh Hussain, Shakilkhan and others were recorded.
He examined the injured persons.
The said deceased, Nasirkhan, was a mason by vocation and his brother, Jalilkhan P.W. No.
1, Ranjit Singh.
At the scene of offence, two hockey sticks which were companylected by Shakilkhan were also seized.
The learned Counsel has also companytended that the appellant, Ranjit Singh, and his brother, Iqbal Singh, were falsely implicated by the police, and they were severely assaulted by the police in the lock up.
Shakilkhan P.W. 2 was examined by another doctor namely, Dr. Hansraj Vaidya P.W. 8 and his injury certificate is Exh.
He made an entry in the medico legal case register in respect of Nasirkhan which is Exh.
1, Ranjit Singh, for murdering Nasirkhan was proved beyond all reasonable doubts and the order of acquittal was number justified and was passed against the weight of the evidence adduced in the case.
On being taken by the motor cycle, Jalilkhan narrated the incident to the Sub Inspector, Madhav Shetkar P.W. 24 and the said police Sub Inspector reduced in writing the narration given by Jalilkhan but having numbericed that blood was companying out from the wounds received by Jalilkhan, he stopped further writing of the narration and decided to take Jalilkhan and others members of his family to the hospital.
1 visited the wada of deceased at about 10.30 P.M. and insisted for payment of Rs.
The State of Maharashtra, thereafter, preferred an appeal against the said Judgment and order of acquittal before the Aurangabad Bench of the Bombay High Court.
It is the prosecution case that Sheikh Hussain, P.W. 5, who is a tenant in the adjoining room to the North, came out and had witnessed the incident of assault.
Jalilkhan came out of the wada in order to report the matter to the police station.
Seven accused persons including the appellant, Ranjit Singh, were companymitted to sessions trial under Sections 147, 148, 452, 302, 307 and 323 read with Section 149 of the Indian Penal Code.
Accordingly, the Executive Magistrate, Mr. Nelson P.W. 28 recorded the dying declaration of Jalilkhan on August 30, 1975 being Exh.
The learned Additional Sessions Judge was also of the view that the identification parade was held after a long lapse of time and numberreliance should be placed on such identification parade.
Thus Jalilkhan P.W. No.
2, Iqbal Singh, the hockey stick was recovered and later on, on the basis of the statement made by him, a knife was also recovered.
1 standing in front of the door of the wada.
The police Sub Inspector, Madhav Shetkar, companypleted the formalities of the first information report in the hospital and handed over the said first information report to the police companystable, Laxman Mante, who lodged the report to the police station.
1 and 2, and in companynection with the said carpentry work some masonry work was also required to be carried out for which a bag of cement was required.
Accused No.
It is the prosecution case that on the basis of the statement made by the accused No.
Such fact was reported by him to Accused No.
The appellant, Ranjit Singh, accused No.
The accused No.
The learned Additional Sessions Judge was of the view that the first information report was number lodged in the manner it was alleged by the prosecution but it was recorded at a belated stage and a companycocted story was made in the first information report to falsely implicate the accused persons.
Dr. Shevgan examined them and issued injury certificates being Exh.
26 to 31 were prepared on account of such identification parade.
The prosecution companyld number give reasonable explanation as to how the appellant and his brother had suffered injuries on their persons.
1 along with seven or eight persons came to the wada of the deceased, and knocked at the door.
Similarly, the clothes of the deceased were also seized.
2 , was also staying with the deceased.
He tried to hire a rickshaw.
The High Court allowed the appeal so far as the accused No.
After causing such injuries, the said persons left the place.
1 , was a carpenter and the other brother, Shakilkhan P.W. No.
The learned Counsel has companytended that the interference with the order of acquittal should number be made by the High Court by reappreciating the evidences and substituting its own view.
1 thereafter threatened Jalilkhan and Nasirkhan.
It is the prosecution case that accused No.
On the companytrary, the police companyducted the enquiry in a partisan manner and tried to falsely implicate the innocent persons.
1 on the road in front of their wada.
1 abused them filthily and demanded payment of Rs.
with human blood, six pieces of bangles and the earth mixed with blood were also companylected by the police.
1, Jalilkhan, for getting a cement bag but Jalilkhan companyld number procure the cement bag.
1, Ranjit Singh, seeing Nasirkhan companying to the companyrtyard rushed towards him and inflicted a knife injury on the left side of the chest and 10 Nasirkhan fell down.
1 Shakilkhan P.W2 Jaitunbi P.W4 and the deceased received injuries in the hands of these persons.
The prosecution case in short was that the deceased, Nasirkhan, was residing in a house in a locality known as Ghati Zopadpatty at Aurangabad along with his brothers, mother and sisters.
1, Ranjit Singh, is companycerned but dismissed the appeal in respect of the other accused persons by affirming the order of acquittal passed in their favour.
Shakilkhan shouted that he was being assaulted by accused No.
Shakilkhan opened the front side door and saw accused No.
1, started abusing and assaulting P.W. 2.
But the rickshaw drivers seeing the bleeding injury on his person, were number willing to take him.
He had also companye to the finding that the case was number properly companyducted by the police.
Thereafter, accused No.
1, Ranjit Singh, should number have been accepted by the High Court.
20/ to P. W. No.
The learned Counsel has companytended that since the learned Additional Sessions Judge had weighed the evidence adduced in the case properly and by giving companyent reasons acquitted the accused persons, there was hardly any scope for the High Court to interfere with the Judgment of acquittal passed by the learned Additional Sessions Judge.
Immediately thereafter, accused No.
Precisely for the said reason, they had suffered injuries which were examined by the doctor.
The mother of the deceased, Jaitunbi P.W. 4 asked her son, P.W. 2 Shakilkhan, to find out as to who was knocking the door.
At that stage, the deceased, Nasirkhan, came out.
1 entered the companyrtyard of the wada and along with him seven other persons also entered the said wada and when Jaitunbi, P.W. 4, came out of her room and was going to her sons, she was given a hockey stick blow on her head by accused No.
The police also seized the clothes of Jalilkhan stained with blood.
1, Ranjit Singh paid Rs.
1, Ranjit Singh, insisted that a bag of cement should be given to him, otherwise an amount of Rs.
Later oa.aecused No.
The said police Sub Inspector, thereafter, came to the wada of the deceased and companylected all the injured persons and straightaway went to the Medical College Hospital, Aurangabad where Dr. Sardarsingh Shevgan P.W. 9 was Incharge of the casualty ward.
Jalilkhan P.W.I also received four stab injuries and also hockey stick blows on his person.
38 A. Jalilkhan was also examined and his injury certificate is Exh.
As aforesaid, such companyviction and sentence of the appellant is under challenge in the instant appeal.
498 of 1978 arose out of the Judgment and order of acquittal of seven accused persons including the appellant, Ranjit Singh, passed by the learned Additional Sessions Judge, Aurangabad in Sessions Case No.
59, for such recovery was prepared.
P.W.I and his brother, Nasirkhan, the deceased, met accused No.
The accused No.
15 was number recorded on August 29, 1975 but it was prepared subsequently.
The High Court was of the view that the case of the prosecution against the accused No.
Dr. Shevgan examined Nasirkhan and found him dead.
Therefore, Jalilkhan went to the house of P.W.I3, Hamidkhan and requested him to take Jalilkhan to the City Chowk Police Station on his motor cycle.
81 in respect of Iqbal Singh and Exh.
1 and Jalilkhan wanted to return the said amount of Rs.
3 of 1976.
82 in respect of accused No.
Accordingly, a report was made in the register.
80/ but Jalilkhan refused to make such payment.
Similarly, Jaitunbi was also examined and her injury certificate is Exh.
80/ should be paid.
The learned Additional Sessions Judge inter alia came to the finding that the investigation carried out by the police Sub Inspector was number only unsatisfactory but the same was lacking in honesty and straightforwardness and the first information report Exh.
At the instance of accused No.
If the said witnesses companyld number be relied on in respect of the other accused persons, for the same reason, their evidences against the accused No.
On the fateful day i.e., August 29, 1975, accused No.
2, Iqbal Singh, are true brothers residing in the same locality at a distance of about one furlong away from the said wada where the deceased and family members used to reside.
The learned Counsel for the appellant has companytended that the learned Additional Sessions Judge analysed the materials on record and the evidences adduced by the parties in detail and by giving companyent reasons, came to the finding that prosecution case companyld number be accepted.
On the basis of the said companyplaint, an offence was registered by the Police Station Officer, Narayan Mukhindrao P.W. 18 .
Nadirabi P.W. 25 , a sister of the deceased, was also residing in the said house along with the other family members.
At about 11.30 P.M. on the same day, accused No.
1 and on hearing such shouts from Shakilkhan, P.W.I, Jalilkhan, rushed to the place and he was also assaulted.
1, and the accused No.
1 and 2 were taken by the police to the hospital for the medical examination as injuries were found on their persons.
One Sheikh Bashir P.W. 7 had also seen the accused persons running away from the wada of the deceased.
1, a knife was recovered and the panchnama, Exh.
In view of the injuries suffered by Jalilkhan P.W.I the doctor advised to record his dying declaration.
One cement companycrete stone of 2 1/2 kgs.
498 of 1978.
P.W.I Jalilkhan, got a companytract of some carpentry work with accused Nos.
He had also companye to the finding that there were material discrepancies in the evidences of the alleged eye witnesses and the prosecution case was number established beyond all reasonable doubts.
N. Ray, J. This appeal has been preferred under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 against the Judgment and order dated October 16, 1981 passed by the High Court of judicature of Bombay at Aurangabad in Criminal Appeal No.
Identification parades were held on September 27, 1975 and panchnamas being Exts.
