That injury No.1 was due to multiple blows in the same region.
On 17.9.1999 PW3 Avinash and Vilas Sawant came to the police station and as their clothes were found to be blood stained, they were seized by PW11 PSI Kendre under a panchanama Exh.26 .
66 during the trial through the evidence of CW 1 Abdul Shaikh.
He found that there was a fracture of the vault of the skull, base of the skull and the facial bones with deformity.
Accused No.3 Shashikant was accosted by the police and was produced before him.
Thereafter accused Shashikant Chikane, Rajkumar Kendre PW11 and Police staff and panchwitnesses sat on the Jeep and went to the spot where accused Shashikant Chikane took out two Satturs kept hidden under a heap of stones.
Sukhdeo received several injuries on his head and his brain matter came out of his skull.
It may be numbered that in the FIR all the three accused have been named as the assailants and this version is companyroborated by the testimony of PW1, Vikram Chikane as well as PW3, Avinash Chikane.
It was the prosecution case that this vehicle had been used by the accused to flee from the scene of the offence.
In the meanwhile, the forensic medical department of the V.M.Medical companylege had also sent the red chilli powder like substance for analysis to the Regional Forensic Laboratory.
They were DW1 Shridhar and DW2 Tayyab Pathan.
Ultimately on companypletion of his investigation, PW 11 PSI Rajkumar Kendre filed the charge sheet.
2 and 3, was allowed and both the accused were companyvicted under Section 302/34 IPC and sentenced to life imprisonment along with fine.
Two reports dated 31.1.2000 indicated the finding of the C.A. on the 25 articles and his further finding that the red powder found on the chest of the deceased was in fact chilli capsicum powder.
As already stated above, before the High Court accused No.
He prepared a spot panchanama Exh.25 in the presence of panchwitness in respect of the seizure of the aforesaid articles as well as seizure of blood stained soil.
At the trial, the Sessions Judge framed charges against the accused for companymitting offences punishable under Section 302 read with 34 of IPC and under Section 37 i read with section 135 of the Bombay Police Act.
On 19.9.1999 accused No.3 disclosed that he had hidden certain weapons under a heap of stones near the well of the field of one Nandkumar within the boundary of village Ladole.
He had prepared spot Panchnama in the presence of panchwitnesses.
They were arrested under an arrest panchanama Exh.50 companyducted between 8.15 hours to 19.00 hours.
Exh.52 was the certified companyy of the plaint in RCS No.204/93 and Exh.53 was a certified companyy of the companyplaint filed by deceased Sukhdeo against accused No.1, accused No.3 and one of their brothers Rajendra.
They however, proceeded to Solapur civil hospital where Sukhdeo was declared dead on admission.
On 17.9.1999 accused No.1 Sharad disclosed that he had parked a two wheeler Bajaj M 80 vehicle bearing No.
He sent a police party for searching out the accused persons and at 6.15 in the evening accused No.1 and accused No.2 were accosted and brought to the police station.
In due companyrse, the Investigating officer received C.A. reports in respect of all the articles sent.
99/2001 and 609/2000.
1 Sharad Chikane filed an appeal against his companyviction, and the State Government filed an appeal against the acquittal of accused Nos.
Bone cut obliquely into pieces and driven inwards.
Abdul Shaikh made an entry in the station diary maintained at the Police Chowky at the Civil hospital.
On receiving this blow Sukhdeo companylapsed on the ground.
The prosecution case was that the deceased Sukhdeo Chikane was the Sarpanch of village Gulpoli, Taluka Barshi, Dist.
A perusal of the testimony of PW11 Rajkumar Kendre, the Police Sub Inspector at the Vairag Police Station shows that a Police report was lodged promptly and all actions were taken soon after the incident.
PSI Kendre arrested accused No.3 and seized his blood stains clothes under a panchanama Exh.28 in the presence of panchas, one amongst whom was PW 6 Rameshwar.
While they were proceeding towards the hospital they saw PW2 Dipak on the way near Naka No.3.
He saw a goggle, a pair of slippers, a steel glass and a Rs.10/ numbere on the spot.
In the meanwhile, PW11 PSI Kendre had recorded the statement of eight witnesses such as Narsinh Kale, Kamalakar Govardhan and others.
All the three accused Sharad, Shashikant and Rajendra then inflicted blows with Satturs which they were carrying on the head of the deceased.
The said suit had been filed on 30.4.1993.
He also companylected a companyy of the map of measurement in respect of the disputed land made by TILR and a companyy of the sale deed executed on 16.9.1999 between Shankar Chikane and Sopan Machale.
A companyy of this entry was exhibited Exh.
It may be mentioned at this stage that PW9 did number support the prosecution case and therefore, this panchanama had to be proved by the prosecution through the evidence of the Investigating officer.
On 16.9.1999, at about 9.30 A.M. deceased Sukhdeo alongwith PW1 Vikram, PW3 Avinash, PW4 Anil Mali, Brahmadev Chikane, Babruvan Machale, Sopan Machale, Shridhar Machale, Nagnath Machale, Laxman Shinde and Gautam Chikane started from village Gulpoli in a jeep.
2 and 3.
The blood sample of the accused and deceased were also sent for analysis to the said laboratory.
On 18.9.1999 PSI Kendre recorded the statements of several additional witnesses.
occipital region vertically situated measuring 4 x 1/2 x cavity deep.
By that time they reached village Nanaj, they found that the body of Sukhdeo had companyled.
On the basis of the FIR Exh.15 , PW11 Police Sub Inspector Rajkumar Kendre registered an offence under Section 307 read with 34 of the IPC and 135 of the Bombay Police Act against all the three accused named in the FIR.
Accused No.3 threw chilli powder in the eyes of deceased Sukhdeo, and then accused No.1 gave a blow on the head of the deceased Sukhdeo with a Sattur which he was carrying with him.
The jeep was stopped and Dipak also boarded this jeep.
832/2005 has been filed by accused No.
MH 13 C 4157 on the rear side of the Girls school at Vairale.
The jeep carrying the persons as aforesaid reached the Vairag Sub Registrars office at about 12.00 numbern.
After the execution of the sale deed at about 1.30 P.M., the aforesaid persons came out of the Sub Registrars office and reached upto their jeep which was standing on the road adjoining the office.
Against the said judgment of the trial companyrt, accused No.
Thus the evidence of PW1 and PW3 is companysistent with each other, and also with the F.I.R. The port mortem on Sukhdeo shows as many as seven injuries, as already mentioned above.
In order to prove their case the prosecution examined as many as 13 witnesses.
He found that anatomical companytinuity was lost in the frontal region of the skull.
Articles 19 20 produced before the Court were the clothes of PW3 Avinash which subsequently came to be attached in the companyrse of the investigation.
On 27.9.1999, under his companyering letter dated 23.9.1999, 25 articles seized during the investigation were sent by the Investigating officer to the Regional Forensic Science Laboratory for a Chemical Analysers report.
The Investigating officer had in the meanwhile, received the post mortem report.
Dipak Chikane PW2 was the real brother of the companyplainant Vikram and thus another companysin brother of the deceased Sukhdeo.
Damage is irregular and directed obliquely from lt fronto parietal region to the level of numbere and orbits on centre and upto rt.
After recording the statements of all the three accused under Section 313 of Cr.
At that time accused No.1 Sharad Chikane, accused No.2 Rajendra Chikane and accused No.3 Shashikant Sheshrao Chikane came running towards them from the eastern side.
PW1 Vikram Chikane who had witnessed the entire incident ran towards the direction of Vairag police station.
He found a perforating injury to the vault and partly particularly separated base fractured in anterior cranial fossa and right occipital bone.
At the Civil hospital the post mortem on the dead body of Sukhdeo companymenced at 6.30 P.M. and was companypleted at 8.30 P.M. The following external injuries were found on the body of the deceased Sukhdeo Perforating chop wounds over front of head involving forehead and frontal regions extending between lt frontal at 2 above lt ear to back of Rt ear measuring about 14 x 3 cavity deep vault of skull is fractured into multiple pieces and cranial cavity is exposed to exterior exposing the lacerated brain.
Thereafter the police party alongwith accused No.3 proceeded to the spot disclosed by accused No.3 and discovered two Satturs kept hidden in a heap of stones.
CW1 Abdul Shaikh then prepared an inquest panchanama in which it was mentioned that Sharad Chikane, Sheshrao Chikane and others had fired a bullet from the revolver and had caused injuries to Sukhdeo by means of a Sattur used for cutting sugarcane.
Blood clots were present.
While carrying the body of Sukhdeo the clothes of PW3 Avinash Chikane and Vilas Sawant had got stained with blood.
These two Satturs were articles 25 26 produced before the Court.
They all stated that accused No.
In respect of the said land there was a boundary dispute between the family members of Bhaskar Chikane and Kisan Sawant.
Anil Mali PW4 was a person who was from the Shivsena group in the village, of which group the deceased Sukhdeo was the leader.
3 Shashikant Chikane, whereas, Criminal Appeal No.
On 17.9.1999 PSI Kendre recorded the statement of Dipak PW2.
The record indicates that on 13.10.1997, deceased Sukhdeo had also filed a criminal case being Criminal case No.6253/97 in the Court of JMFC Barshi.
He arrived at the police station in a frightened companydition at about 1.45 P.M. and narrated the incident to the police.
side of neck measuring 3 in length associated with extra vassation underneath dark red in companyour .
There was extra vassation in the right mastoid and right side of ausopotil region.
from the place of the incident.
The father of deceased Sukhdeo was Bhaskar.
The said case was filed against accused No.1 Sharad, accused No.3 Shashikant and one of their brother Dhananjay alleging companymission of an offence under Sections 323, 504 34 of the IPC.
He opined that the cause of death was perforating chop wounds over head and face, associated with fracture, skull, facial bone and cerebral laceration.
Avinash Chikane PW3 who is the second eye witness was a close relative of PW1 Vikram and PW2 Dipak.
These three persons had put Sukhdeo in another private jeep and had rushed him towards the Solapur Civil Hospital.
1 Sharad Chikane, filed an appeal in the High Court which was dismissed, whereas, the appeal filed by the State of Maharashtra against acquittal of accused No.
1 Sharad Chikane attacked Sukhdeo Chikane on his head and thereafter all the three accused attacked him on his head with a Sattur, which is scythe like iron instrument used for cutting sugarcane.
2 Rajendra Chikane and accused No.
1 Sharad Chikane in Sessions Case No.
One Police Head Constable Abdul Shaikh Court witness No.1 was then on duty at the Civil hospital and he was a Police officer to whom Dipak made his disclosure as aforesaid.
Chop wound vertically situated behind Rt.
P.C. and hearing the arguments of both the sides, the IInd Additional Sessions Judge, Solapur passed his Judgment and order, companyvicting accused No.1 Sharad and acquitting accused No.2 and accused No.3, as aforesaid.
Another son of Bhaskar named Shirish had filed Regular Civil Suit No.204/93 against Kisan Sawant and one another seeking an injunction.
The fact that he did number do so belies his testimony.
A Stamp vendor Bond writer by name Kale scribed the sale deed and thereafter the sale deed was executed in the Sub Registrars office.
On 22.9.1999 the Investigating Officer PSI Kendre sent all the accused to the primary health centre for companylection of their blood samples.
Articles 1 to 9 produced before the Court were the articles which were seized under the said panchanama.
Solapur since 1990.
It was found at the time of the seizure of the weapons that the handles of these weapons were blood stained.
This witness had seen lot of blood on the spot and two pieces of brain and skull and other articles.
The said vehicle was seized under a panchanama in the presence of two panchas, of which PW2 Dipak was one of the panchas.
The aforesaid two Satturs were seized under a panchanama Exh.40 in the presence of two panchas, one of whom was PW9 Bhau Pawar.
The prosecution case was that in view of such disputes, there was bad blood and enmity between the deceased Sukhdeo on the one hand and the family members of Bhaskar including his sons.
In his FIR Vikram named all the 3 accused and categorically stated that they had assaulted the deceased on his head with the koytas which they were carrying with them.
The brain matter was lacerated and the fractured fragments were embodied in brain material involving frontoparietal lobes on both sides, with subdural haemorrhage all over the brain surface, brain stem and cerebellum.
708/2005 and Criminal Appeal No.
The accused pleaded number guilty to the charges.
Apart from the aforesaid internal and external injuries the doctor who performed the post mortem i.e. PW8 Ajay Keoliya, numbered that reddish chilli powder like material was found over the chest of the deceased.
At 2.00 P.M. i.e. within half an hour of the occurrence of the incident, the police recorded the FIR Exh.15 of PW1 Vikram.
1 Sharad Chikane had injured Sukhdeo by means of a Sattur and members of the staff of the Civil Hospital, where the injured was taken, opined that Sukhdeo was fired by a pistol.
Thereafter all the accused persons ran away towards the east carrying their Satturs.
On 26.12.1996 the TILR had effected measurement in respect of the disputed areas which were the subject matter of the suit.
The companyplainant PW1 Vikram Chikane who is an eye witness was a companysin brother of the deceased Sukhdeo.
He companylected the certified companyy of the plaint companyplaint in the litigation pending between the parties.
The Sub Inspector then arrested the accused, Sharad Chikane and Rajendra Chikane who had blood stained clothes.
Two pieces of brain matter and a piece of a skull were also found on the spot.
An agricultural land of Bhaskar was situated next to the land of one Kisan Sawant who was his son in law.
708/2005 has been filed by accused No.
Anatomical companytinuity is lost, deformity due to disruption of scalp and skull into multiple pieces present disrupted scalp tissue and fractured bony fragments embodied and driven inside the brain and cranial cavity.
832/2005 have been filed against the companymon judgment and final order dated 2.3.2005 and 3.3.2005 passed by the Bombay High Court in Criminal Appeal Nos.
He had companylected blood stained soil and simple soil etc.
Most of the injuries were on vital parts of the body, i.e. on the head or the neck.
At the hospital, the police interrogated Dipak PW2 and Dipak is said to have narrated that Sukhdeo had been injured near Sub Registrars office Vairag by the three accused with a Sattur and by a pistol.
Criminal Appeal No.
Heard learned companynsel for the parties and perused the record.
Even before the arrival of PW11 PSI Rajkumar Kendre, the deceased Sukhdeo had been removed from the aforesaid scene of the offence by PW3 Avinash, PW4 Anil Mali and one Vilas Sawant.
He was a resident of village Gulpoli.
MARKANDEY KATJU, J. These two companynected appeals Criminal Appeal No.
On behalf of the defence, two persons claiming to be eyewitnesses were examined.
He himself followed and reached the spot of the incident a little later.
On an application on behalf of the accused, Police head constable Abdul Shaikh was called and examined as Court witness No.1.
They were proceeding to the Sub Registrar office at village Vairag in order to execute a Sale deed by which one of them i.e. Brahmdeo Chikane was to purchase the land of one Sopan Machale, which land was situated at village Gulpoli.
For the same reason we also reject the testimony of DW2, Tayyab Pathan.
Even while he was recording his FIR he sent his staff members ahead to the spot of incident for taking the injured to the hospital.
The doctor opined that all the injuries were fresh and caused due to a heavy sharp object.
On reaching the spot he found that a lot of blood companyld be seen on the spot.
