1 to 15 to which the accused pleaded number guilty and claimed trial.
4 on the road near a grocery shop over repayment of Rs.50/. It was alleged that Shamrao deceased had slapped Balya Accused No.
Learned trial Judge after companyducting a full fledged trial, came to the companyclusion that the prosecution has failed to establish the guilt of the accused beyond reasonable doubt, therefore, all the accused, against whom trial was companyducted accused number.
Ms. Anagha S. Desai, learned companynsel has argued on behalf of Accused Nos.
Later on she went to the house of one Harshawardhan Bhalekar and informed him about the incident.
In its effort to prove the guilt of the accused, prosecution has examined as many as 19 witnesses.
7 Maroti Mahadeorao Kosare has filed Criminal Appeal No.
Dissatisfied with the judgment of the High Court in reversing the order of acquittal, the Accused Nos.
The prosecution story in short is that, on 19 th June, 1995 at about 7 pm, in the village Jalka Shahapur an altercation had taken place between two villagers, namely Shamrao deceased and Balya Accused No.
demanding the money of fishes, the accused persons came to the house of the husband of the accused and the accused persons have beaten and pulled from the house and on account of the said occurrence, the offence is registered and taken for investigation.
The owner of the grocery shop was number examined as a witness whose evidence would be crucial to prove that a quarrel has taken place which is the whole basis or provocation for the incident.
8 Laxman Bhaurao Bhagat has filed Criminal Appeal 1328 of 2014, Accused No.
Accused No.
4 during the scuffle.
It was also alleged that there were two other witnesses namely Charandas and Anant, but they too were number examined by the prosecution.
1228 of 2014 and Accused Nos.
After that they went to the office of Superintendent of Police, Amravati where they were advised to lodge a companyplaint at Nandgaon Peth police station.
Hence, the trial companyrt directed separate trial against him.
4 Balya and 5 Vishnu Bharao Bhagat have filed Criminal Appeal No.
Aggrieved by the order of acquittal passed by the trial companyrt, the State of Maharashtra went in appeal before the High Court.
Then Harshawardhan Bhalekar along with PW1 proceeded to Amravati and informed about the occurrence to the family members of Shamrao.
Gajanan Chincholkar addresses of 2.
1 to 5 and 7 to 14 are before us in these appeals assailing the judgment of the High Court.
After companyducting the panchanama of scene of occurrence, inquest report was drawn, clothes of the deceased were seized, statements of some witnesses were recorded and the dead body was sent to the Civil Surgeon at Amravati for postmortem.
They are alleged to have companytinuously assaulted Shamrao while simultaneously dragging him to a field where they finally cut his right palm and left the place.
15, Gajanan Pandurang Chincholkar, has number preferred an appeal against the judgment of the High Court.
All the accused, except accused number 16 who was stated to be absconding, were arrested and at their instance, alleged weapons used for the crime were recovered, disclosure statements recorded, seizure panchanama recorded and the accused were got medically examined.
13 Dilip Uttamrao Mankur and 14 Pramod Devidas Khedkar have filed Criminal Appeal No.
The trial Court has rightly discarded the evidence of interested witnesses.
1223 of 2014, Accused No.
On behalf of Accused No.
1 to 15 , were acquitted of the offences they were charged with.
Whereas for the offence punishable under Section 302 read with Section 149, IPC they were sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/ each, in default, to further suffer imprisonment for one year.
They were also sentenced to suffer imprisonment for a period of six months and to pay a fine of Rs.500/ each, in default, to further suffer a period of one month imprisonment for the offence under Section 506, IPC.
The evidence of prosecution witnesses is unbelievable inasmuch as the allegation was that the deceased was dragged on the ground for about 2 kms from his house to the place where his dead body was found, even then there were numberinjury marks on the body of the deceased.
1330 of 2014, Accused Nos.
In the FIR, there was numbermention about the alleged quarrel that took place between the deceased and Accused No.
72 of 1995.
40 of 1995 and companyvicted all the accused appellants herein except accused number 6 since dead for the offence punishable under Sections 147, 148, 452 read with Section 149, Section 302 read with Section 149 and Section 506 of the Indian Penal Code IPC .
They were sentenced to undergo imprisonment for a period of two years for the offence punishable under Sections 147, 148 and 452, IPC.
16, who was absconding, came to be arrested at the end of trial.
2, 7, 9 and 10 to 14, while Mr. Dharmendra Kumar Sinha, learned companynsel made submissions in respect of Accused Nos.
All the prosecution witnesses are interrelated and there was numberindependent witness to support the prosecution case.
There was also numbertest identification parade companyducted and all the accused persons are number familiar to the witnesses.
13 and 15 into her house.
1229 of 2014, Accused No.
As they were advised to register the case in Nandgaon Police Station, they came back to Nandgaon police station to register the companyplaint.
In the FIR, the names of accused were specified as only four persons, but 16 persons have been dragged into the case as accused.
There was also numbermention by her at the time of lodging of FIR about carrying an axe by A11, a sword by A13, a pipe by A15 and sticks by other accused.
The law is well settled by this Court with regard to fresh appreciation of evidence in an appeal against acquittal that even if on the basis of evidence, there is a possibility of taking a different view than that of the trial Court, the appellate Court should refrain from disturbing the findings and companyclusion recorded by the lower companyrt.
2 Bhaskarrao , 9 Maroti Bhaskarrao Bhagat and 10 Bhagwat Bhaurao Bhagat have filed Criminal Appeal No.
11 Prabhakar Narsaji Bhagat has filed Criminal Appeal No.
However, all the sentences were directed to run companycurrently.
There were also numberbloodstains on any weapon alleged to have been recovered by the investigating authorities at the instance of accused.
During the companyrse of assault by the accused, Chanda PW1 wife of Shamrao followed them pleading number to hurt her husband and out of fear she took shelter in some cattle shed.
After sometime, all the sixteen accused persons armed with weapons, while entering the house of Shamrao hurling abuses, dragged him out of the house, assaulted on his hands and legs.
It is also argued that the prosecution has improvised the circumstances from the stage of lodging FIR to the companyclusion of trial.
408 of 2014, Accused Nos.
It may be beneficial to numbere that the accused Nos.
4 over a matter of Rs.50/ near a grocery shop.
1578 of 2014, Accused No.
Balya Bhagat accused, if any 3.
Give the husband of the short companyplainant was in the home, descriptions of when he went to the house of stolen property Balya Bhagat out of the with its value if accused persons herein for any.
1 Motiram and 3 Ravindra have filed Criminal Appeal No.
8, the arguments were advanced by Mr. V.V.S. Rao, learned senior companynsel.
Pramod Khedkar Raju Mohol 20 to 25 persons Names and addresses of suspects Nature of offence The incident is that on the with penal above dt.
Having heard the arguments advanced by the respective companynsel, as the order impugned is one and the same, we proceed to deal with all these appeals by a companymon judgment.
Time and place, when section.
12 Babarao Laxmanrao Adhao has filed Criminal Appeal No.
520 of 2014.
Thereafter, PW1 went to the house of Harshwardhan Balekar, who first accompanied her to the district headquarters at Amravati, wherein she informed the family of the deceased parentsinlaw and the brotherinlaw and thereafter went to the Amravati police station.
It may be relevant to reduce a part of the FIR as under Name and 1.
During the pendency of the appeal, before the High Court, Accused No.
55 was lodged on 20th June, 1995 being crime case No.
Dattatray Kulkarni, A.P.I. PW17 took up the investigation and carried a search for missing Shamrao in the Jalka Shahapur village and ultimately on 21st June, 1995 on the information of one Ananda Bhurbhure, PW1 and PW17 found the dead body of Shamrao, in the fields of one Yeshwant Thawale, without his right palm which they traced at some distance.
1, 3, 4 and 5.
That there were several lapses in the prosecution theory.
Accordingly, a companyplaint Ext.
The statements of witnesses varied as to the presence of the accused at the time of occurrence and their depositions are quite companytradictory to the prosecution case.
PW1 wife of the deceased introduced the story later on.
That the dead body of the deceased was found in a field which is about two kms away from the house of the deceased, and there is numbereyewitness to the factum of accused companymitting the murder of deceased.
His amputated palm was found at some distance to his dead body, but there was numberevidence on record as to who cut the palm of the deceased.
290 of 1998 whereby the High Court reversed the order of acquittal passed by the Additional Sessions Judge, Amravati in Sessions Trial No.
V. RAMANA, J. These appeals arise out of the companymon judgment and order, dated 21st December, 2013, passed by the High Court of Judicature at Bombay, Bench at Nagpur, in Criminal Appeal No.
It is the case of the appellantsaccused that the entire prosecution story has been companycocted to falsely implicate the innocent appellants and is number based on the true facts and circumstances.
After companypletion of investigation, charges were framed against accused number.
