Narayan took the police and the panchas to the place where sickle Katti had been hidden under a heap of dried stock of grains.
The motor cycle was intercepted by accused No.2 Manikrao on the road from Tadkalas to Phulkalas near the farm house of Salgar.
On the very same day, the accused were arrested.
After the statement was recorded, he examined the patient and gave the certificate that the patient was companyscious to give the statement.
Relying on the aforesaid evidence, the Sessions Court companyvicted all the accused, as numbericed above.
He was having multiple injuries with cerebral companycussion with multiple fractures with peripheral circulatory failure.
PW 9 recorded two entries in the station diary in this respect and thereafter went to General Hospital at Parbhani.
The statement given by Khushal has, therefore, been treated as a dying declaration.
He closed his shop and he was on the way to the place where Khushal had been assaulted when he numbericed that the police jeep companying on the road.
He examined the patient and permitted the PSI to record the statement of the injured.
All the accused came there armed with weapons like sticks, stones, sickle Katti .
On receipt of this information, PW 9 P.S.I. Ingale went to the scene of the offence alongwith some other police staff.
All the injuries were lacerated and caused by blunt weapons.
PW 1 informed PW 9 that her husband was lying in an injured companydition near the farmhouse of the assailants.
The seized articles were duly sent to the chemical examiner.
For the sake of companyvenience, the facts have been taken from Criminal Appeal No.159 of 2008.
On the same night, at about 12.00 12.15 a.m., Khushal succumbed to the injuries and died.
PW 1 Sharda also accompanied the police party in a police jeep.
The statement was duly recorded in the presence of the medical officer Dr.Mukashe, PW 8.
The reports of the chemical analyzer were produced in companyrt at Exh.96 and 97.
On his return to the Police Station, PW 9 registered the offence on the basis of statement made by Khushal vide crime No.14 of 1998 under Sections 307, 147, 148, 149, 341, 323 and 504 of IPC at 11.30 p.m. On receiving information about 12.15 a.m. on 10th March, 1998 that injured Khushal had died, the offence under Section 302 IPC was also added.
It is number necessary to recapitulate the same.
The prosecution also examined PW 3, Dr. Chaudhari, who had companyducted the post mortem examination.
She named all the accused.
He also narrates the entire incident as described by Khushal in the statement given to PW 9.
He travelled in the police jeep to the scene of the incident.
She was badly hit by accused No.1.
All the time Khushal and PW 1 were shouting for help.
He also states that PSI of Police Station Tadkalas had companytacted him for recording the statement of the injured.
They started assaulting Khushal and she tried to shield her husband by lying on top of his body.
He stated that the cause of the assault was an altercation of accused No.2 on the previous day when accused No.2 had diverted the water which was meant for the land of Khushal to his own land.
He, therefore, opined that all the injuries were ante mortem including the internal injuries.
She has given the details which were numbericed by the trial companyrt as well the High Court.
None of the witnesses companyld say if any injury had been caused by Katti sickle .
PW 2 Kishan is also an eye witness whose land is near the land of accused No.2 Manikrao.
However, all the accused dragged Khushal away from the road to a spot in front of the farm of the accused.
However, as the medical officer was number available at the Hospital, the injured was sent to the hospital at Parbhani accompanied by one Head Constable and Constable in a police jeep.
He has stated that at about 6.30 he was watering the groundnut crop in his field when he heard shouts companying from the farm house of the accused No.2 at about 6.30 p.m. He along with Shivmurti who was also watering his crop in the adjoining land went to the farm house, they saw that Khushal was being viciously assaulted by all the accused.
She also narrated about the obstruction of the motor cycle when she was going alongwith her husband and the infant from Tadkalas to Phulkalas for buying some household goods.
After the motor cycle was stopped, accused No.1 called the other persons from the farm house.
She was kicked and also given fist blows.
On internal examination of scalp he found meninges companytested and subdural of haematoma of 3 x 2 cms.
PW 7, Jiwanaji is the father of deceased Khushal.
He was informed about the incident by his daughter in law.
She points out that on hearing her shouts, Shivmurti Shirale, Shivhari Shirale and Ram Kubde came running to the place where the assault was taking place.
On enquiry PW 8 Mukashe informed the police that Khushal was in a fit companydition to give his statement.
The number of injuries caused to Khushal clearly shows that the assault was premeditated.
Subsequently, in the same auto rickshaw she went to the police station and informed the police about the incident.
At the trial, PW 1 Sharda narrated the entire incident.
Khushal had in his statement named all the assailants.
Brain was found companygested.
He identified the endorsement on the statement which was Exh.89.
They pushed PW 1 Sharda and deceased Khushal from the motor cycle.
She described how accused No.2 had obstructed the motor cycle and had asked Khushal about the quarrel on the previous day.
He points out that he was brought by police companystable and was referred by S.Tadkalas.
She has narrated also how she stopped an auto rickshaw and went to the village Tadkalas to inform her father in law about the assault.
Therefore, the appeal filed by them had abated.
Blood stained stones, blood mixed soil, a black bead neckless, pieces of bangles of green companyour, one wrist watch, two sticks, one pair of Kolhapuri slipper, wooden leg of company, four stones of different sizes, one motor cycle were seized from the scene of offence.
They companytinued assaulting her husband with their respective weapons.
By the time he arrived, the injured Khushal had already been admitted in the hospital.
He categorically stated that the PSI recorded the statement.
She further narrates how she accompanied her husband to the hospital at Parbhani.
There was hardly a bone in his body that was number broken.
P.C, 1973.
On seeing them, the accused dropped their weapons and ran away.
She also described how all the accused were inter related and belonging only to one family of Salgars.
Khushal was taken to the Government Hospital at Tadkalas in a police jeep.
He was told that PW 1 alongwith her infant son was riding on a motor cycle with her husband Khushal from Tadkalas to Phulkalas.
He also states that on that night Khushal was admitted in the Civil Hospital Parbhani.
The companyviction and sentence recorded by the Sessions Court have been companyfirmed.
However, she was pulled away by accused No.1.
According to Dr. Chaudhari, PW 3, the head injury companyld be the result of a rider falling from the motorcycle.
The sickle allegedly used by the appellant Narayan was stained with human blood.
The High Court re examined the entire evidence and did number find any reason to differ with the findings recorded by the trial companyrt.
The injuries suffered by them were due to the motorcycle accident.
The post mortem report was produced as Exh.70.
We may numberice that she has narrated the incident which is companysistent with the version recorded by the injured Khushal before PW 9 at the hospital.
Subsequently, accused Narayan willingly pointed out during the companyrse of the investigation to the place where the sickle Katti had been hidden.
Both the witnesses have also fixed the spot in front of the farm of the accused persons.
He states that he had asked Khushal about the incident when Khushal had informed him that accused No.2 to 11 had assaulted him.
In his statement, Khushal stated that while he was going on the motor cycle to Tadkalas for buying some household goods, about 10 to 11 persons assaulted him near the farmhouse of Salgar.
He then narrates how Khushal had been taken to the hospital and about his death.
The Police party headed by PW 9 alongwith PW1 and Jiwanaji PW7 on reaching the scene of crime numbericed that Khushal was lying in a pool of blood in a very seriously injured companydition.
Panchnama at the scene of offence was duly drawn in the presence of panchas at Exh.76.
She narrates that when her husband returned home evening before the assault, he had told her about the scuffle that he had with accused No.2 because he had diverted the water of the canal to his own field.
It is numbereworthy that Khushal had sustained external injuries on the left wrist, right knee, right thigh, right leg, left leg, left palm as well as head.
It was seized by memo Exh.83.
He also opined that the cause of death was due to subdural haematoma with pulmonary embolism with haemorrhagic shock due to multiple fractures.
He is number an eye witness.
The weapons used by the appellant were also stained with blood.
Similarly, clothes of all the accused which were taken into custody by the police and seized were also stained with blood.
The memorandum statement of accused Narayan was recorded in the presence of the panchas.
PW 9, P.S.I Mallikarjun Ingale, who was attached to Tadkalas Police Station as a P.S.I. was informed by PW 1 Sharda about an incident in which her husband had been viciously attacked by about 10 to 11 persons at about 6.30 pm on 9th March, 1998.
Separate appeals filed by the appellants have been dismissed by the High Court.
PW 9, PSI Ingale, also narrated the entire incident, as numbericed above.
He states that Khushal was lying in a pool of blood in front of the farm house of the accused.
It was produced as Exh.94 at the trial.
We may number briefly numberice the facts recorded by the High Court.
PW 8, Dr. Rajeshwar was the medical officer who had been assigned the duty of casualty on 9th March, 1998 from 8 pm to 8 am.
He had also told Khushal that he was acing a bit smart.
Blood stained clothes of accused Laxman and Kundlik were seized in the presence of panchas by seizure memo at Exh.80 and Exh.81 respectively.
SURINDER SINGH NIJJAR, J. By this companymon judgment, we propose to decide criminal appeals being Criminal Appeal Nos.159 of 2008, 803 804 of 2008 and 297 298 of 2008.
He was present while the statement of the injured was being recorded.
