She also numbericed that Sambaji Bapu Shinde and Tanaji Bapu Shinde were armed with an axe and sickle respectively whereas the other two Krishnat Bhimrao Shinde and Baburao Bapu Shinde were armed with lathis.
At about 330 p.m. on 25th November, 1999, the deceased and P.W. 2 Rajashri had gone to Kodoli to the weekly bazaar and after making their purchases they returned to their village Kakhe in a jeep belonging to one Pandurang Shinde.
As per the prosecution story, the deceased had let out the open space in front of his house to Tanaji Bapu Shinde A2 for the purpose of running a cycle shop.
A2, A3 and A4 were arrested on 26th November, 1999 whereas A1 was arrested on the 1st of December, 1999.
As per the prosecution story, the deceased Sadashiv Kundalik Sataverkar was residing in village Kakhe along with his wife Rajashri P.W. 2 and their children Pravin and Suraj.
The deceased then left Shivajis shop to join his wife and as he was on his way Rajshri heard shouts from the rear and on looking that side saw the four accused armed with various weapons attacking her husband.
On the companypletion of the investigation, the accused were charged for an offence punishable CRL.A. NO.
All the other eye witnesses and others relating to the circumstantial evidence were, however, declared hostile at the trial.
The attack was opened on the deceased by A1 and A2 and they caused serious injuries on the neck and head of the deceased with an axe and sickle and after he fell to the ground, some injuries were caused to him by the other two accused as well.
It appears, however, that A 2 had cast some aspersions on P.W. 2 Rajashri and when this information was companyveyed to P.W. 8 Mahadev and further to the deceased a quarrel had ensued between Mahadev and the deceased on the one hand and A2 on the other and as a companysequence A 2 had been asked to vacate the shop.
They got down near the bus stand and started walking towards their residence and as they were doing so, P.W. 3, Shivaji who too had a cycle shop called the deceased CRL.A. NO.
85 OF 2008 REPORTABLE under Section 302/34 of the IPC and as they pleaded innocence, they were brought to trial.
This appeal is directed against the companycurrent judgments of companyviction and sentence of the appellants for having companymitted an offence under Section 302 read with Section 34 of the Indian Penal Code by two of the four accused, the other two having chosen number to file an appeal in this Court.
85 OF 2008 REPORTABLE for sharing some pan.
Accused Sambhaji Bapu Shinde, Tanaji Bapu Shinde, Krishnat Bhimrao Shinde are CRL.A. NO.
A week prior to the incident in question, A 1 Sambhaji Bapu Shinde had also deliberately dashed his motor cycle against Suraj, the son of the deceased, causing him minor injuries whereupon the deceased had caught him by his companylar and given him a few slaps but on the intervention of those who had gathered at the site, they had been separated.
His elder brother P.W. 8 Mahadev and P.W. 10 Sunita sister in law of the deceased , her mother in law P.W. 9 Asha were also residing in a nearby lane.
As already indicated, the present appeal has been filed only at the instance of A3 Krishnat Bhimrao Shinde and A4 Baburao Bapu Shinde, the two accused who are said to have been armed with lathis.
P.W. 8 Mahadev was immediately informed about the incident by one B.R. Patil and he too rushed to the scene of the crime and thereafter accompanied by P.W. 2 Rajashri, to police station Kodoli and lodged the FIR at 530p.m.
A 1 had, however, left threatening the deceased with dire companysequences.
85 OF 2008 REPORTABLE brothers whereas the fourth accused Babu Rao Bapu Shinde was their companysin.
The police officers reached the place of incident and made the necessary enquiries and sent the dead body for its post mortem examination.
In support of its case, the prosecution relied on 17 witnesses, the primary one being P.W. 2 Rajashri the solitary eye witness whose statement was sought to be companyroborated by P.W. 8 Mahadev, P.W. 9 Asha and P.W. 10 Sunita who had received the information about the incident from Rajashri.
The deceased then went into the shop while P.W. 2 Rajashri waited for her husband a short distance ahead by the side of the road.
