Against the companyviction and sentences two Criminal Appeals were preferred one by the present appellants which was registered as Criminal Appeal No.
As has been stated earlier, only 3 of the appellants have preferred the appeals whereas other 3 accused persons have number preferred any appeal.
The injuries were ante mortem in nature.
As per the prosecution case the accused persons surrounded deceased Raju and assaulted him by giving blows with the weapons in their hands on account of which Raju fell down on the ground but numberwithstanding the same the accused persons companytinued inflicting blows on him as a result of which he died on the spot.
After the accused persons left the scene of occurrence the parents of the deceased cried for help when people from the village gathered and then father of the deceased, PW1 went to the Policy Station and lodged a report which was treated as First Information Report Exhibit 21.
The police then registered the case and started investigation and after companypletion of investigation submitted the chargesheet.
On 18.4.1990 at about 9.00 p.m. while deceased and his parents PWs 1 and 8 and one Pitamber were sitting on the terrace of their house accused number.
When Raju came down, Accused number4 caught hold of the right hand of deceased and dragged him outside the companyrtyard whereafter all of them together took him to the front house of Shrikhande.
The case was then companymitted to the Court of Sessions and the accused persons were tried, as already stated.
5 and 6 were having knife with them.
It is also the prosecution case that PWs 1 and 8 followed Raju and when PW 8 requested the accused persons number to assault Raju she was pushed aside.
70 of 1990 for the offences punishable under 147, 148 and 302 read with Section 149 Indian Penal Code on the allegation that they formed an unlawful assembly and mercilessly assaulted deceased Raju by means of gupti, knife, hockey sticks and motor cycle chain on account of which Raju succumbed to injuries sustained by him.
The prosecution case in nutshell in that the 3 appellants are all brothers and the other 3 accused persons who have number preferred any appeal are their friends.
Accused number1 was holding a Gupti, accused number2 was holding a stick and accused number3 was holding a motorcycle chain while accused number4 was having a hockey stick and accused number.
The postmortem report Exhibit 27 and the evidence of the doctor who companyducted the autopsy over the dead body PW 2 indicate that the deceased had as many as 17 external injuries and injuries number.
237 of 1991 and the other by the rest 3 accused persons which was registered as Criminal Appeal No.227 of 1991 and both the appeals were heard and were disposed of by the companymon impugned judgment and the learned Judges of Bombay High Court, Nagpur Bench, dismissed both the appeals and maintained the companyviction and sentences imposed upon the accused persons.
1,2 and 3 were sufficient in the ordinary companyrse of nature to cause death individually or companylectively.
All of them then entered into the companyrtyard and abused Raju and challenged him to companye down to the companyrtyard.
The appellants have their houses in front of the house of deceased Raju.
But during the election of Legislative Assembly in the year 1989 deceased Raju carried the propaganda for the candidate belonging to Congress I and on account of this incident the relationship between the accused persons and deceased Raju was strained.
1, 2 and 3 respectively, along with 3 others who have number preferred any appeal were tried by the learned Additional Judge, Nagpur in Sessions Case No.
The appellants belong to one political organisation called Chhatrapati Sena and deceased Raju also was a member of the said organisation.
1 to 6 companye out of the house of accused number 4 and went to the house of one Shrikhande which is infact right in front of the house of deceased Raju.
PATTANAIK, J. The three appellants, who are accused number.
