The High Court also acquitted Tulsiram Bhanudas Kamble and Anil Dhondiram Mane for the offence under Section 302 read with Section 149 of the Indian Penal Code.
It may be numbered that the trial companyrt acquitted accused number3 Walchand Hiralal Shah, accused number4 Manikchand Babushah Shah, accused number12 Dalu Jagannath Kambale and accused number13 Laxman Kisan Shirsat Paparkar on all companynts.
After assaulting Laxman, Kailas, Dattatraya, Bhaskar Bhinge and Mahesh Bhinge, the appellants and the acquittal accused are alleged to have run away.
It is pertinent to point out that the same day between 11 p.m. to 11.50 p.m. Sharana Basappa Tarapore DW 3 an Executive Magistrate, recorded the statement of Dattaraya Kamble.
Bhaskar Binge PW 11 in the meantime came out, caught hold of Babusha Shah, and asked him as to why he was assaulting Kailas, whereupon he inflicted a blow from the blunt side of sword on his right thigh.
x 1 cm.
The State did number file any appeal against the accused who have been acquitted by the trial companyrt and hence the acquittal of those accused has become final.
Seven of these respondents before us had been companyvicted under Section 302 read with Sections 34 and 149 of the Indian Penal Code.
He gave the benefit of doubt to accused number.7, 9, 14 and He acquitted accused number.3, 4, 12 and 13 of all the punishable offences for which they were charged.
Since numberappeal was filed by the State Government against these accused hence their acquittal has become final.
Appellants Dagadu with sword, Raja alias Rajendra Kothalkar, Anil Mane, Sunil Mane, Ashok Waghmare and Ganesh Paparkar assaulted the deceased Laxman with Sattur on various parts of his body like head, face and hand.
It also acquitted the accused Tulsiram Bhanudas Kamble, Anil Dhondiram Mane and Rajendra Dashrath Kothalkar for the offence under Section 324 read with 149 of the Indian Penal Code.
They entered inside the companyrtyard of Laxman.
On the person of Mahesh Bhinge, Dr. Joshi found 2 lacerated wounds.
On the person of Dattatraya Kamble, Dr. Joshi found two incised wounds and one companytused lacerated wound.
This incident was seen by the victim, Rajabhau Kamble and Suresh Sobaji PW 13 in electric light.
In Criminal Appeal No.32 of 1996 there were nine appellants while in Criminal Appeal Nos.71 of 1996 and 83 of 1996 there were only one appellant in each of these cases.
Appellant Tulsiram also is said to have joined them.
32, 71 and 83 of 1996.
However, there still leaves four eye witnesses namely PW 7 Rajabhau Kamble first informant , PW 8 Dattatraya Kamble, PW 11 Bhaskar Bhinge, PW 12 Mahesh Bhinge.
In the meantime Bhaskar Bhinges son Mahesh Bhinge PW 12 came and Walchand Shah inflicted a sword blow on this person.
The evidence of Dr. Anil Joshi PW 9 of Municipal Dispensary, Pandharpur shows that at 7.45 p.m. he examined Laxman Kamble and found him to be dead.
Immediately after the appellants and the acquitted accused persons had run away, Rajabhau Kamble took Laxman Kamble and Dattatraya Kamble to the Municipal Dispensary, Pandharpur.
It is said that Kailas Bhinge succumbed to the injuries on the spot.
At about 7.30 p.m. the film got over.
Kailas Binge, the deceased at that time was sitting by the side of water tank which was in the companyrtyard.
Heard learned companynsel for the parties and perused the record.
Appellants Ramchandra with an axe, Santosh, Dhananjay alias Dahanaji acquitted accused Laxman, Walchand and Babusha with swords started assaulting him.
Two of these seven persons companyvicted under Section 302 have died and number the remaining accused companyvicted by the trial companyrt under Section 302 of the Indian Penal Code are accused number2 Ramchandra Bhanudas Kamble, accused number5 Ganesh Kisan Shrisat Paparkar, accused number6 Ashok Sahebrao Waghmare, accused number10 Anil Dhondiram Mane and accused number11 Sunil Dhondiram Mane.
Bhaskar Bhinge and Mahesh Bhinge also came there.
The remaining eleven accused who have been companyvicted by the trial companyrt, have filed Criminal Appeals in the High Court.
However, nine of the accused, being original accused number1, 2, 6 to 14 being Tulsiram Bhanudas Kamble, Ramchandra Bhanudas Kamble, Ashok Sahebrao Waghmare, Dagadu Shankar Naikwadi, Dnyaneshwar Shankar Naikwadi, Santosh Dashrath Kothalkar, Anil Dhondiram Mane, Sunil Dhondiram Mane and Rajendra Dashrath Kothalkar filed an appeal before the Bombay High Court.
Appellants Tulsiram Kamble and Dagadu started inflicting blows with swords on Dattarayas person.
Appellants Rajendra and Anil Mane assaulted Dattatraya with Sattur.
was situated on left hand little finger and the other which was 5 cm.
Nine of the incised wounds were situated on the head and face and were accompanied by extensive internal damage.
CRIMINAL APPEAL NOS.85 TO 87 OF 2000 MARKANDEY KATJU, J. These appeals have been filed against the impugned judgment dated 5.4.1999 of the Bombay High Court in Criminal Appeal Nos.
One out of them of the dimensions of 2 cm.
on right thigh interior aspect and a transverse abrasion 6 cm.
At that time in the jeep of acquitted accused Laxman Paparkar, the appellants along with acquitted accused Laxman Paparkar, Walchand Shah, Manikchand Babusha Shah and Balu Kamble came.
The companytused lacerated wound was situated on the middle finger of the right hand.
According to Dr. Joshi the injuries of the deceased were sufficient in the ordinary companyrse of nature to cause death and five of them namely injuries number1, 2, 3, 4 and 12 were fatal in nature.
Since the companydition of Dattatraya was precarious, at 8.30 p.m. he was transferred to Civil Hospital, Sholapur.
It may be seen that there are as many as five eye witnesses to the incident namely PW 7 Rajabhau Kamble first informant , PW 8 Dattatraya Kamble, PW 11 Bhaskar Bhinge, PW 12 Mahesh Bhinge and PW 13 Suresh Sobaji.
Two of the incised wounds were situated on the head and the remaining two on fingers of the right hand.
At 8 p.m., 8.45p.m.
They were armed with weapons Sattur, axe and sword.
Thereafter the deceased persons, Dattatraya Kamble and Rajabhau Kamble came and sat in the companyrtyard of Laxman.
muscle deep was located on the left hand terminal finger.
There were initially fifteen accused in the case which was tried by the Additional Sessions Judge, Pandharpur, District Sholapur, who were charge sheeted under Sections 147, 148, 149, 302, 307, 323, 324, 188 and 452 of the Indian Penal Code.
Bhaskar Bhinge remained inside and was listening to the news.
Thereafter Babusha Shah and Tulsiram lifted Bhaskar Binge and took him to the gate of the house and made him stand there.
over right thumb.
On 20.2.1995 Dr. Joshi PW 9 performed the autopsy on the companypse of Laxman Kamble and found on the same 16 ante mortem injuries, their break up being thus 15 incised wounds and 1 companytused abrasion.
Tulsiram and Dagadu assaulted him with swords and the other persons with axe.
It was recorded by A.P.I. Vithal Jadhav PW 18 , who on its basis registered a case under Sections 147, 148, 302, 307, 452, 323, 324 and 188 I.P.C. vide R. No.23 of 1995.
On the person of Bhaskar Bhinge, Dr. Joshi found a companytusion 6 x 4 cm.
The evidence of the informant Rajabhau Kamble PW 7 shows that from Municipal Hospital, Pandharpur the police took him to Pandharpur Town Police Station where his FIR was lodged at 8.40 p.m., the same day.
and 9.15 p.m. the same day, Dr. Joshi examined Dattatraya Kamble, Bhaskar Bhinge and Mahesh Bhinge, respectively.
The said statement is Exhibit 130 and in it Dattatraya stated that the same day between 7 to 7.30 p.m. while he was sitting with Kailas Bhinge and Laxman Kamble, appellant Tulsiram Kamble, Anil Mane, Dagadu Naikwadi, Raja Kothalkar and two other unknown persons came and started assaulting him.
15 Dhanaji Dashrath Kothalkar by the trial companyrt and set aside the lesser sentence awarded to him by the High Court.
