An entry in this behalf was recorded in the station diary at sr.
house of one Vilas Rodi is situated and an electric bulb is affixed on the door of his house.
116 and 117 in the presence of witnesses.
Prosecution version in a nutshell is as follows S.I. Yadav Satpute P.W. 11 who was attached to police station, Pathardi and was on duty as a Police Station officer on 7.3.1998, received a phone call at about 2230 hrs.
with stone flooring.
An entry in respect thereof was made in the station diary at sr.
Original accused No.10 Amol and juvenile offender Rama were referred to the hospital as they had sustained minor injuries.
On the same day, accused Mukund, accused Rajendra, accused Santosh, accused Satish, accused Manoj, accused Rakesh and accused Sunil came to be arrested vide arrest panchnama at Exh.
On 8.3.1998, statements of 12 witnesses came to be recorded.
6 hereinafter referred to as the A6 .
towards the southern side, there is an electric pole with tube light.
Deceased Dhananjay had been killed in front of the house of one Pandurang Kasar while deceased Sanjay had been killed in front of the house of one Bhagirath Bajaj.
143 of IPC R.I. for 1 month Fine of Rs.100/ IDRI for 5 days Sec.
Sanjay Shahane P.W. 4 immediately left the police station on receiving message that his uncle Jaikumar P.W. 2 had become unconscious.
The clothes of deceased Dhananjay and Santosh were seized vide seizure memo at Exh.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench dismissing the appeals filed by several accused persons.
The High Court dismissed the appeal so far as the present appellant is companycerned, we are number companycerned with the other appeals.
The scene of the offence was pointed out by P.W. 4 Sanjay Shahane and the spot is a narrow lane to the south of the main road of Pathardi.
Dr. ARIJIT PASAYAT, J. Leave granted.
An entry in this behalf was accordingly made in the station diary at sr.
He was companyvicted for various offences punishable under the Indian Penal Code, 1860 in short the IPC and sentenced to undergo custodial imprisonment and fine with default stipulation.
A.P.I. Shinde W. 12 who was also attached to Police Station, Pathardi took over the investigation of Crime No.33 of 1998 from A.S.I. P.W. 11 Satpute as the crime had been registered on the basis of the first information report of Sanjay Shahane P.W.4 .
Dried bloodstains were numbericed in front of the house of Bhagirath Bajaj as well as in front of the house of Pandurang Kasar.
Sanjay Shahane P.W. 4 came to the police station and A.S.I. Satpute P.W. 11 recorded the report of Sanjay P.W. 4 at Exh.
The present appeal is by original accused No.
informing him that there was stone pelting at Rangar Galli and, therefore, he sent the necessary police force.
number 32.
original accused No.13 Pratibha came to the police station and gave a report in respect of a number cognizable offence.
He made an entry at sr.
111 in the presence of P.W. 1 Digambar.
A.P.I. Shinde P.W. 12 received a companyy of the statement of Digambar P.W. 1 .
142 in the presence of P.W. 9 Gulab.
number33.
The trial companyrt relied on the evidence of some of the witnesses who were stated to be eye witnesses and found the appellant guilty as numbered below NO Offence Punishable Sentence Fine under Section Sec.302, r w Sec.
The Xerox companyy of the entries in the station diary are Exh.
Thereafter on the same day he visited the scene of the offence at about 9.30 A.M. and drew the scene of the offence panchnama at Exh.
On the same daly at about 12.30 p.m., accused Sandip, accused Sharad, accused Rama, accused Amol, accused Sanjay, accused Sunil, accused Nitin and accused Pratibha came to be arrested vide arrest panchnama at Exh.
A Ganpati temple is at a distance of 300 ft.
On 8.3.1998, A.P.I. Shinde accordingly visited the mortuary and drew the inquest panchnama of the dead bodies of Dhananjay and Santosh vide inquest panchnamas at Exhs.
Thereafter at about 2355 hrs.,
The lane was of a width of about 4 ft.
The distance between the two spots where the murder of deceased Sanjay and deceased Dhananjay had been companymitted is at about 10 ft.
and adjacent to the said Ganpati temple is the house of companyplainant.
The accused who were found to have sustained injuries were referred to Rural Hospital.
149 Imprisonment for Fine of Rs.1000/ IDRI IPC life for one month Sec.
The spot panchnama further records that at a distance of 25 ft.
number 34.
number 30 in the station diary and at about 10.45 p.m. sent a message to the Control Room and the other police stations.
At a distance of 30 ft.
