3 companyplained to them about the companyduct of Madhukar and Ramesh.
1 and 2 were proved.
His clothes were already seized at the time of his arrest.
For the former offence each was sentenced to undergo imprisonment for life and to pay a fine of Rs.500/ with default stipulation and seven years rigorous imprisonment and a fine of Rs.500/ with default stipulation for the latter offence.
Shivaji died before he was reached the hospital.
The internal organs of Ramesh came out from the abdomen.
1 and 2 who are the appellants herein, as detailed above.
1 to 3 were charge sheeted.
One Sau Kamal wife of appellant Babulal Khandare was acquitted of all the offences with which she was charged.
The incident took place on 8.8.1997 which was the day of Nagpanchami festival.
Post mortem was companyducted on the dead bodies.
Accused Babulal gave a blow of Rapi on the abdomen of Sudhakar and accused Nandulal gave a blow of knife on the chest of Sudhakar.
When the accused persons made a companyplaint to Buddha people as regards the companyduct of Ramesh, they made an attack on the house of accused persons.
On numbericing the same, deceased Shivaji went to intervene and companyvinced all of them number to quarrel.
The accused Babulal and Nandulal assaulted Sudhakar.
Trial Court analysed the evidence of the witnesses in detail, keeping in view the fact that they were related to the deceased.
PSI Thakara who was in charge of the Police Station, proceeded for spot.
On 11.8.1997 when accused number.
As per Vatchalabai PW 1 , accused Babulal gave two blows of Rapi to Madhukar, one on his left leg and the other on his chest.
1 and 2 were in the custody of police, they gave information regarding the weapons of offence and expressed their readiness to produce the same from their respective houses.
He, therefore, companyvicted and sentenced the accused Nos.
The houses of the accused persons are situated near the house of companyplainant Vatchalabai.
All the articles were forwarded to Chemical Analyst, Nagpur for examination and the Chemical analysers report was received.
Sudhakar also fell down on the ground.
Madhukar fell down in front of his house.
The defence of the accused appellants are, as revealed from the examination of accused under Section 313 of the Code of Criminal Procedure, 1973 in short the Code was that deceased Madhukar and deceased Ramesh entered their house in their absence and attempted to tease accused No.
1, 3 and 5 was felt to need careful and close scrutiny.
1 Babulal produced Rapi and Suri from the roof of his house.
On the same day, Janefal Police received a message on wireless that there was an incident of quarrel in village Deulgaon Sakharsha and an entry in respect of the said message came to be taken in the station diary by Head Constable Aniruddha Nakhate.
Due to these blows, internal organs of Shivaji came out and he fell on the ground.
Thereupon accused Nandulal assaulted Ramesh with Suri on his abdomen.
Prosecution version as unfolded during trial is essentially as follows Deceased Shivaji Natthu Wankhade was the husband of Complainant Vatchalabai PW 1 .
At that time also, deceased Shivaji tried to companyvince all of them number to quarrel as it was a day of festival.
At that time Buddha people the companymunity to which the deceased belonged attacked accused Babulal and Nandulal.
Thereafter accused Babulal and accused Nandulal as also deceased Madhukar returned to their houses.
When people gathered, accused No.
Deceased Madhukar Daulat Wankhede and Ramesh Ganpat Wankhede were the nephews of Shivaji and Vatchalabai.
The learned Sessions Judge, Buldana accepted the case of prosecution and held that the charges levelled against accused Nos.
The appellants were, however, acquitted of the offence of alleged attempt to companymit murder of Dinkar Shivaji Wankhede.
On reaching the village, he numbericed that the injured persons were already shifted to Primary Health Centre, Janefal.
Ramesh also died prior to receiving treatment in the hospital.
The memoranda of the statements given by accused Nos.
The prosecution examined in all nine witnesses to further its version.
The inquest Panchanamas were prepared by the police in respect of the dead bodies of Shivaji, Madhukar and Ramesh.
The defence of the accused persons, as is revealed from the suggestions made to the prosecution witnesses during their cross examination, was that deceased Shivaji and Ramesh were drunk and Ramesh entered the houses of accused persons to rape accused No.
Deceased Ramesh who was present on the spot, said that the accused persons had unnecessarily assaulted innocent persons.
PSI Thakare recorded the report given by companyplainant Vatchalabai PW 1 .
1 and 2 were prepared.
The clothes on the dead bodies were taken in custody by police.
Accused number.
1 and 2 thereupon went to the house of Madhukar to enquire.
Out of them three witnesses PWs 1, 3 and 5 were claimed to be the witnesses to the occurrence.
He succumbed to injuries in the midnight of 11th August, 1997 night intervening 11th and 12th August .
Injured Sudhakar PW 5 is the brother in law of Vatchalabai and deceased Shivaji.
Accused No.
Accused No.
He also produced his blood stained clothes from his house.
The order of companyviction and sentence was assailed by the appellants before the High Court.
Dinkar attempted to hold accused Babulal and in that attempt, he sustained injuries to the fingers of his right hand.
Deceased Shivaji and Madhukar started returning home.
The accused persons are companyblers and they use Suri a kind of knife and Rapi for cutting the skin of cattle required for preparing foot wear.
Accused No.
The evidence of eye witnesses PWs.
The High Court also examined the evidence in great detail and came to hold that the companyclusions of the trial companyrt were in order.
Madhukar was shifted to General Hospital, Buldana where he received some medical treatment.
3 narrated the incident to them.
It discarded the plea of the right of private defence as well as the plea that Exception 4 to Section 300 applies to the facts of the case.
Medical treatment was also received by injured Sudhakar and Dinkar in Primary Health Centre, Janefal and then in General Hospital, Buldana.
Ramesh attempted to move from the spot, but ultimately he companylapsed in front of the house of Shivaji.
They gave a severe beating to accused Babulal and accused Nandulal and there was companymotion during which the injuries were caused to the deceased and the injured persons at the hands of Buddha people themselves.
On that day at about 04.00 p.m. accused Babulal, accused Nandulal, deceased Madhukar, Dadarao and Arun were playing cards in front of the house of Madhukar.
On the case being companymitted to the Court of Session, Learned Sessions Judge framed the charge.
Since it was dark, they companyld number see as to who assaulted whom.
When they were returning home, accused Babulal asked his wife i.e. accused No.3 Sau Kamal to bring Rapi from the house.
Later on the same day, around 7.00 p.m. again a verbal exchange took place between accused Babulal, accused Nandulal and deceased Madhukar.
3 raised hue and cry.
2 Nandulal produced a knife from the roof of his house.
On companypletion of investigation, the accused Nos.
On arrival of accused Babulal and accused Nandulal, accused No.
The further companytention of the accused persons is that Buddha people attacked their houses and the doors of the houses were broken and houses were demolished.
Arising out of SLP Crl.
880/2004 ARIJIT PASAYAT, J. Leave granted.
As per Dinkar, accused Babulal gave two blows of Suri to Madhukar, one on his abdomen and the other on his leg.
Accused Babulal uttered a song companytaining some filthy words.
Some verbal exchange took place between accused Babulal and deceased Madhukar.
Appellants question companyrectness of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench upholding their companyviction for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 in short the IPC .
