Conviction was also recorded against the appellant under section 332 Indian Penal Code for causing injuries to police companystable Huzare, Havaldar.
Balkabai was found to have 12 lacerated wounds besides a large number of abrasions on the various parts of her body.
The appellant on arrival disclosed his identity and told Appa Kesre number to make numberse.
The appellant and Ananda accused were also examined by Dr. Chokakakar.
grappling with the police officials.
Savant and More and he was sentenced to undergo rigorous imprisonment for a period of two years on that companynt.
The appellant was then carrying a gun and a bandoleer companytaining cartridges.
The appellant was companyvicted under sections 25 and 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for a period of one year on each companynt.
On July 24, 1970, it is stated, an informant informed Sub Inspector Kumbhar of police, station Radhanagari in Kolhapur District that the appellant, who is a resident of village Kameri, was present in village Kavathe Piran in District Sangli.
were informed that the appellant had fired at Jaising Patil PW 21 of village Kavathe Piran at the latters house and thereafter had run away.
Aorta of Yesade was found to have been punctured.
The sentences of imprisonment, if necessary, were ordered to run companycurrently with the sentence imposed upon the appellant in another case under section 307 Indian Penal Code On appeal and reference to the High Court, the judgment of the learned Sessions Judge was affirmed.
The appellant thereafter has I companye up in appeal to this Court by special leave.
In addition to that, the appellant was companyvicted under section 5 of the Explosive Substances Act and he was sentenced to undergo rigorous imprisonment for a period of three years.
At the trial the plea of the appellant was denial simpliciter.
Kavathe Piran is seven miles, from Sangli.
The doctor extracted one metal piece from the cavity of the chest of Yesade.
Appeal by special leave from the judgment and order dated February 10 11, 1972 of the Bombay High Court at Bombay in Cr.
From March 1967 to May 1971 Sub Inspector Ramchandra Mardur PW 58 was posted in Sangli District and his main duty was to trace the absconding accused and to detect the offenders involved in property offences.
There is numberhing to rule out the possibility of the hand grenade having been exploded number by the appellant but by one of his companypanions.
case, companye inside the house of Appa Kesre.
Those injuries, in the opinion of the doctor, were the result of an explosion.
The prosecution case is that the appellant was wanted in two murder cases of 1962 and 1966 but he companyld number be apprehended as he was absconding from 1962.
Sub Inspector Kumbhar thereupon left for Sangli to inform the Superintendent of Police.
Head Constable Naik and others thereafter went to Sangli and informed Superintendent of Police Krishna about the, whereabouts of the appellant.
The injuries of Yesade companyld be caused by hard and blunt substance flying with velocity.
There was blackening at the site of the different injuries.
Ananda had four punctured wounds which companyld be caused by splinters in an explosion.
Shankar Bhima Patil was stated to be a relation of an accused in a murder case and the father of the appellant had appeared as a prosecution witness against that accused.
The above injuries companyld be caused by a hard and blunt substance.
Yesade had three lacerated wounds besides a large number of abrasions.
It had been manufactured in 1964.
Conviction as also recorded against the appellant under sections 3 and 4 b of the Explosive Substances Act and he was sentenced to undergo imprisonment for life on each companynt.
grenade and had caused the different injuries.
The Senior Inspector of Explosives took into possession the various articles lying there and, came to the companyclusion that a handgrenade had been exploded there.
There was numberbullet injury on the bodies of Balkabai and Yesade.
A party of 30 armed companystables along with a tear gas squad of three companystables then went to the outskirts of village Kavathe Piran and reached there at 9 p.m. At about 10 p.m. the members of the police party.
As regards the injuries on his person, the appellant stated that he was apprehended by the police in a field at about numbern time on July 27, 1970.
The appellant and Ramchandra were later appre hended from the house of Appa Kesre at about 1.30 p.m. The appellant was found to have abrasions on his person and his underwear had stains of blood.
Five of the injuries of Sub Inspector Mardur were found to be dangerous to life.
The High Court on appeal and reference substantially agreed with the trial companyrt.
article 9 was found dangling in the roof.
They companycealed themselves inside a house and through the chinks of a door saw the appellant going on the road.
Enquiries were made by the police from Appa Kesre regarding the whereabouts of the appellant but when Appa Kesre pleaded ignorance, he was detained.
The handgrenade was of service origin and was of fragmentation type used by service people only.
Three empty cartridges were also found in the room.
According to the appellant, he had left his village because be was afraid of one Shankar Bhima Patil.
His wife also went out from the house.
The injuries, in the opinion of the doctor, companyld have been caused by material flying as a result of the explosion of a hand grenade.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Ramchandra and Mane were also charged for the various offences for which the appellant was charged, but they were acquitted.
Sub Inspector Sadashiv PW 64 , who investigated this case, found that some tiles of the roof of the central room of Anandas house had been removed in the south east companyner.
At about 1 1 or 1 1.30 p.m. Appa Kesre heard some tumult and got up.
Post mortem examination of the dead bodies of Head Constable Yesade and Balkabai was performed by Dr. Govind Jathar PW 48 on July 27, 1970.
223 of 1972.
An iron pin too was seen lying in one of the rooms.
On July 26, 1970 Sub Inspector Mardur was directed by Superintendent of Police Krishnan to arrange a raid party for the apprehension of the appellant.
No evidence wasproduced in defence, The trial companyrt companyvicted the appellant as mentioned above because it was of the view that the appellant had exploded the hand.
The ap pellant was also companyvicted under section 333 Indian Penal Code for causing injuries to police companystable Madane and was sentenced to undergo rigorous imprisonment for a period of three years.
The house of Ananda was examined by Senior Inspector of Ex plosives Birendranath De PW 53 on July 30.
It also cannot be said that the appellant caused any injury with the, rifle to the two deceased persons or the other police officials because numberbullet injury was found on any one of them.
1416 of 1971.
The appellant had seven abrasions on the different parts of his body.
On July 25 Head Constable Naik PW 18 of Police station Radhanagari along with three others went to village Kavathe Piran and met the informant there.
The Judgment of the Court was delivered by KHANNA, J. Khashaba Maruti Shelke 33 along with eight others was tried in the companyrt of Sessions Judge Sangli for offences under section 302/34, 307/34, 324/34 and 333/34 Indian Penal Code, section 25 of Arms Act read with section 34 Indian Penal Code, section 27 Arms Act read with section 34 Indian Penal Code, section 3 Explosive Substances Act read with section 34 Indian Penal Code, section 4 Explosive Substances Act read with section 34 Indian Penal Code, section 5 Explosive Substances Act read with section 34 Indian Penal Code and section 6 Explosive, Substances Act read with section 34 Indian Penal Code.
After the tumult had subsided, Appa Kesre saw the appellant and Ramchandra who too was an accused in the.
Dr. Chokakakar PW 52 examined the injuries of Sub Inspector Mardur as well as those of police companystables Madane, Huzare, Savant, Havaldar and More.
A. No.
On the night of occurrence Appa Kesre PW 23 was present in his house.
Learned Sessions Judge acquitted the other eight accused and companyvicted the appellant for offences under section 3102 Indian Penal Code on two companynts for causing the death of Head Constable Yesade 45 and Smt.
In the alternative, there were charges against the accused for the above offences read with section 149 Indian Penal Code.
The underwear was taken into possession.
Its butt was broken.
Out of them, Shankar and Sadashiv were strangers.
The appellant and Ramchandra thereafter company cealed themselves inside the house of Appa Kesre.
R. Khanna and S. P. Nayar, for the respondent.
It is in the evidence of Jaising PW 21 that the appellant on the night of occurrence was accompanied by four other persons, namely, Ramchandra, Mane Shankar and Sadashiv.
L. Srivastava, for the appellant.
The appellant was further companyvicted under section 307 Indian Penal Code for attempt to murder PSI Mardur and was sentenced to undergo rigorous imprisonment for a period of seven years.
Balkabai 70 and sentenced him to death on each companynt.
On the following morning Appa Kesre went out to ease himself.
It was stated that the injuries on the person of the appellant had been received by him during the companyrse of.
