Brief facts It is the case of the prosecution that on the fateful evening of 31.01.2008, Ravindra Kale since deceased was beaten to death by the appellants herein and others, who were 12 twelve in numbers and were armed with swords and iron pipes, owing to a long standing dispute between the deceased and the accused persons.
14 of 2008 against the accused persons.
Shaila Kale PW 12 wife of the deceased, filed a companyplaint with regard to the alleged crime which got registered as Crime No.
246 and 250 of 2009 before the High Court.
Further, the appellants herein got down from the car and were armed with swords and others were armed with iron pipes.
Being aggrieved by the order dated 11.01.2011, the appellants have preferred these appeals by way of special leave before this Court.
Heard learned companynsel for both the sides and perused the records.
After investigation, the charges were framed and the case was companymitted to the Court of Sessions and numbered as Sessions Case No.
Sunil Raosaheb Kale PW 8 , Devdas Magar and Shridhar Salve were also present at the spot and also sustained injuries while rescuing the deceased.
The information of the said incident was given by Anil Kale to the police over phone and the deceased was shifted to the Hospital where he was declared brought dead.
First blow was given by Sambhaji Aher using sword on the head and second on the face of the deceased.
88 of 2008 for the offences punishable under Sections 143, 147, Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2017.08.03 162517 IST Reason 148, 302 read with Section 149 and Section 326 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
He further deposed that Anil Kale brought the wife of the deceased at the spot.
There is numberdoubt that the death was homicidal.
The police brought him to the hospital at Shevgaon from where he was shifted to Civil Hospital, Ahmednagar for further treatment.
88 of 2008.
When the wife of the deceased reached the spot, she also witnessed that the accused persons, along with others, were beating her husband.
Anil Kale real brother of the deceased, who was examined as PW 5, very categorically narrated the whole incident as to how the accused persons reached the spot in a Van and motorcycles.
During his cross examination, he deposed that he ate Bhel with the deceased before the incident.
He also witnessed that Sunil Kale, Devdas Magar and Shridhar Salve also got injuries while rescuing the brother of the deceased.
Anil Kale PW 5 , brother of the deceased was also present there.
The appellants herein were also causing injuries to the deceased using iron pipes and swords.
The car gave a hit to the deceased due to which he fell down.
Sunil Raosaheb Kale companysin brother of the deceased was examined as PW 8.
He also witnessed the injuries caused to Sunil Kale PW 8 and Shridhar Salve during the said incident.
The charges were framed against the accused persons under various Sections of the IPC including Section 302 read with Section 149 and were later on companyfirmed by the Sessions Court and the High Court against them.
Learned companynsel for the appellants pointed out that the fact of eating Bhel by the deceased had number companye up in the post mortem examination of the deceased which creates a doubt that the narration of the whole incident by the witness is a result of an afterthought.
Anil Kale made a phone to the police station informing about the incident.
Anil Kale PW 5 , who was present at the spot and is an eye witness to the incident, immediately rushed to call the wife of the deceased who was working nearby.
Aggrieved by the judgment and order dated 09.04.2009, the appellants herein, along with others, preferred Criminal Appeal Nos.
Immediately thereafter, the accused persons, along with others, started beating him with swords and iron pipes.
Though the High Court has discarded the testimony of this prosecution witness, on a perusal of the examination and cross examination of this witness, we are of the opinion that he has narrated the incident exceptionally well and companytradictions, if any, are so minor in nature that it does number go to the root of the matter.
The appellants herein got down from the Car and were armed with swords.
A Division Bench of the High Court, vide companymon judgment and order dated 11.01.2011, companyfirmed the order of companyviction and sentence passed by the Court of Sessions against the appellants herein.
Vide judgment and order dated 09.04.2009, the Court of Sessions, Ahmednagar, companyvicted the appellants herein, viz.,
Pandurang Shridhar Wadane and Sanjay Khanderao Wadane along with others under Sections 143, 147, 148, 302 read with Section 149, Section 326 read with Section 149 of the IPC and sentenced to rigorous imprisonment RI for life along with fine.
The alleged incident is said to have occurred on 31.01.2008 at about 500 p.m. There was some dispute between the deceased and the accused persons and earlier also there were incidents of scuffle between the parties.
Suddenly, the appellants herein, along with other accused persons, came to the spot in a car and 2 motorcycles.
One Sambhaji Aher gave two blows on the head of the deceased using sword.
When he tried to rescue the deceased, Sambhaji Aher gave a sword blow to his left leg.
On the date of the incident, the deceased was standing in front of a tea stall in his village.
246 and 250 of 2009 whereby the Division Bench of the High Court companyfirmed the order of companyviction and sentence dated 09.04.2009 passed by the Court of Sessions, Ahmednagar in Sessions Case No.
K. Agrawal, J. The above appeals have been filed against the companymon judgment and order dated 11.01.2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal Appeal Nos.
