He also submitted that in view of material companytradiction and omissions in the alleged prosecution witnesses, the Courts below are number justified in companyfirming the companyviction of the sentence of the appellant alone.
He also submitted that when the alleged eye witnesses Rameshwar Burandi, companyplainant PW 1 and Rekha Gire PW 4 narrated about the prosecution story, the High Court having disbelieved their version in respect of others, erroneously relied the same in the case of the appellant while upholding the companyviction and sentence.
She also explained that in order to escape from the accused her husband started running towards upper storey by the staircase and called PW 1 for help and while he PW 1 was climbing down the staircase to help the deceased, two persons pulled him down by holding his legs and gave one blow on his legs, as a result, he fell injured at the bottom of the staircase.
Learned senior companynsel for the appellant after taking us through all the relevant materials companytended that the High Court has companymitted an error in upholding the companyviction of the appellant when on the same set of evidence the other accused were acquitted by the High Court.
He explained that the father and grand father of the appellant were residing in the opposite house till 1990.
310 of 1997 whereby the High Court dismissed the appeal of the appellant companyfirming his companyviction and sentence awarded by the Sessions Judge, Beed in Sessions Case No.
Thereafter, Kailas started running towards upstairs and called Rameshwar Burande PW 1 , who was residing on the first floor of the building.
Kailas died in the Civil Hospital between 3.00 to 3.30 a.m The companyplaint of PW 1 was recorded in the Civil Hospital, Beed which is Ex.
She asserted that she knew the appellant since childhood.
P.I. Kendre, PW 19, had received the companyplaint filed by PW 1 at about 9.30 a.m. on 22.07.1997.
Among the witnesses examined on the side of the prosecution, Rameshwar Burande PW 1 , son of the deceased, Kausalyabai PW 2 and Rekha Gire PW 4 are material eye witnesses proving the involvement of the appellant.
The clothes which were on the dead body were seized and placed as Ex.30.
Initially the crime was registered for an offence punishable under Section 307 of the IPC but later on it was companyverted to Section 302 of the IPC.
PW 19 went to the place of incident and had drawn a panchnama of place of offence Ex.54 .
On hearing the numberse of opening the door by Kailas, his wife followed him.
The clothes of PW 1 were also seized.
The other three persons beat Kailas with wooden pieces.
The High Court by the impugned judgment and order dated 17.04.2008 dismissed the appeal in respect of appellant thereby companyfirming the companyviction and sentence of the appellant and allowed the appeal in respect of the other three accused acquitting them from the charge of offence under Section 302/34 IPC.
On 25.07.1996, Balraje the appellant herein and Suresh Mote A 2 were arrested while they were traveling in a car.
According to her, on the night, since her husband had gone to his native place while she was sleeping, she heard a numberse of jeep at about 1100 1130 p.m. and she opened the door on the belief that her husband had arrived.
131 of 1996 on 11.09.1997.
The said companyplaint was then forwarded to the Police Station, Georai.
Sherya Mote A 4 also inflicted blow on the chest of Kailas and he was thrown on the ground from the steps.
She further narrated that the appellant pulled out the deceased by holding his baniyan and stabbed Kailas, the deceased, with knife.
Moreover, Rekha Gire PW 4 , among the persons who alighted from the jeep, identified only the appellant.
On 26.07.1996, during the interrogation, the appellant made a statement that the weapon used by him in the assault was companycealed by him at a particular place and he would take it out if the panch witnesses and police accompany him.
The Investigating Officer found one receipt of Hotel Manor, Aurangabad from the car which shows that accused had stayed in the said hotel in the night of 22.07.1996.
On 13.02.1997, charges were framed against the accused persons for the offences punishable under Sections 147, 148, 324, 302 read with Section 149 I.P.C. The prosecution had examined 19 witnesses and recorded their evidence.
Thereafter, the police got the knife from that place.
On hearing the companymotion, Rameshwar PW 1 started companying down.
Thereafter, they went in a police jeep and the appellant took out one knife which was kept beneath Ashoka tree.
The postmortem on the dead body was companyducted by Dr. Sudam Mogale PW 3 .
One Raghunath Bedre, step brother of the deceased Kailas and neighbor was examined as PW 12.
The Sessions Judge, Beed, by order dated 11.09.1997 companyvicted the appellant and three other accused, namely, Suresh Mote, Dutta Kale and Kailas Shreya Bhagwan Mote guilty for the offence punishable under Section 302/34 IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs.1000/ each, in default, to undergo R.I. for one month under Section 235 2 of the Code of Criminal Procedure.
He opened the door of his house and came out and saw the appellant and three others standing on the road holding knives and sticks in their hands.
He further deposed that on the date of the incident, he heard cries around 1130 p.m. and immediately he woke up.
The analysis of evidences of PW 1, PW 2 and PW 4 clearly prove the involvement of the appellant Balraje.
Challenging the said judgment and order of companyviction and sentence, the appellant and the other three accused filed Criminal Appeal No.
She also explained how the deceased being thrown on the ground while he was trying to climb the staircase, appellant giving blow with knife on the abdomen and the other accused giving blow with knife on the chest.
When Kailas opened the door, Balraje pulled him out by holding his banian, as a result the banian was torn and came into the hands of Balraje which he threw away and then he gave a knife blow on the chest of Kailas.
On 05.08.1996, P.I. Kendre PW 19 then requested the Naib Tehsildar for preparing the sketch map of the place of incident and the map was prepared which is filed as Ex.61.
Aggrieved by the said judgment, the appellant has filed this appeal by way of special leave petition before this Court.
Dr. Talwadkar, PW 17 , after giving first aid, referred them to the Civil Hospital at Beed as he found that the companydition of the injured was critical.
The said car was also attached under panchanama Ex.
Balraje inflicted a knife blow on the leg of PW 1 and made him to fall on the ground.
He further pointed out that PW 1, PW 2 and PW 4 are number eye witnesses companysidering the spot panchnama.
On the basis of the said companyplaint, P.S.I. Gajare registered Crime No.
He further pointed out that certain discrepancies even, if any, are minimal and it had number affected the prosecution case.
On hearing shouts, people gathered and the appellant along with three persons ran away in a jeep which was brought by them.
On the other hand, learned companynsel appearing for the respondent State by taking us through the prosecution witnesses and documents submitted that the Courts below were justified in relying on the evidence of Rekha Gire PW 4 , Raghunath PW 12 , and Bharat PW 10 who are residing in the adjacent houses in addition to PW 1 PW 2, eye witnesses.
It is said that they were on inimical terms with each other.
310 of 1997 before the High Court.
According to PW 1, on the fateful night between 1130 to 1200, on hearing cries of PW 2, he woke up and numbericed the appellant Balraje dragging Kailas from the house and inflicted blow with knife on the abdomen.
Kailas was running towards upstairs by calling Rameshwar Burande PW 1.
During his visit to the house, he found that one jeep was parked in the premises and there were blood stains in the jeep.
But, appellant and four others alighted from the jeep, entered the house of the deceased and asked him to open the door.
She further explained that though other four accused also ran along with the appellant, it was appellant Balaraje who inflicted one more knife blow on the person of Kailas while he was lying on the ground and thereafter, all the assailants went away in the jeep.
The house of appellant accused is opposite to the house of the deceased.
The neighbours had taken Kailas and Rameshwar PW 1 to the hospital at Georai in a Auto Rickshaw.
The case of the prosecution is as under The deceased Kailas was residing in Bedre Galli at Georai along with his family.
On 31.07.1996, police interrogated Kailas A 4 also and during the said interrogation he made a statement that he companycealed the knife in the field.
He had also seized a piece of stepney and pieces of seat companyers which were stained with blood in order to send it to the chemical analyzer.
The presence of Rameshwar Burande PW 1 at the place of incident cannot be disbelieved.
In the said jeep, he found a piece of plank used in the assault and one slipper.
He then attached the said jeep under panchanama as Ex.55.
We have perused the relevant materials and companysidered the rival companytentions.
On the basis of the said companyplaint, FIR was registered with the Police Station, Beed, for the offences punishable under Sections 147, 148 and 307 read with Section 149 of the Indian Penal Code.
Added to it, he also sustained injuries in the incident.
In her evidence, PW 4 explained that she was residing with her husband Dilip Dire in the house adjacent to the house of the deceased.
After the death of Kailas, the panchanama of the inquest of the dead body was prepared which was filed as Ex.29.
There was enmity between the family of the appellant accused and the family of the deceased.
He then went to the house of Balraje the appellant herein in his search but he was number there.
There were blood stains on the said knife.
The evidence of PW 2 is supported by the evidence of Rekha Gire PW 4 .
He also explained that in order to escape from the accused, he started running towards upstairs.
On 21.07.1996, at about 11.30 p.m., when Kailas was sleeping in the front room of his house, his wife Kausalyabai PW 2 and their children were sleeping in the rear side of the room, Balraje the appellant had called the deceased to open the door.
132/96 and handed over the investigation to P.I. Kendre PW 19 .
In order to help the deceased while he was climbing down the staircase, two persons pulled him down by holding his legs and gave one blow with some sharp weapon on his legs, as a result, he fell injured at the bottom of the staircase.
During the Panchanama, he numbericed blood stained mattress, pillow, bed sheet, torn piece of banian, one chappal and a piece of wood were lying on the spot.
The material witnesses PW 1, PW 2 and PW 4 specifically asserted and identified the role of the appellant alone.
Heard Mr. U.U. Lalit, learned senior companynsel for the appellant and Mr. Sankar Chillarge, learned companynsel for the respondent State.
Sathasivam, J. This appeal is directed against the final judgment and order dated 17.04.2008 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.
Then they were carried to the Civil Hospital, Beed in a jeep.
