PW 4 informed the incident to the Police Station, Nawasa.
In defence, A 1, who set up the plea of alibi, examined three witnesses.
The prosecution examined 14 witnesses of them PW 8, PW 4 and PW 10 were injured .
C.L.W. 3 c.m.
The trial companyrt ordered the substantive sentences to run companycurrently.
PW 8 told A 2 that he should take permission in this regard from the Overseer Lahanu Garje PW 7 .
It was about 1.00 to 1.30 p.m. A 1 was armed with sword while the others were armed with sticks.
x 1 c.m.
Suryakant Pansare PW 14 Assistant Police Inspector immediately reached the scene of incident along with the staff.
On May 17, 1991 at about 11.00 a.m., Pradip Harakchand Bhandari A 2 went to the office of the Sugar Factory and asked PW 8 to take entry of the sugarcane grown by him.
x skin deep, on the left occipital region on the head.
The companyplaint of PW 8 was registered.
A 1 asked PW 8 to companye out but he refused A 1 then entered the police outpost and gave blow with sword on the head of PW 8.
x muscle deep on the right parietal region, on the head near the occipital region oblique in direction, bleeding present.
A 2 and A 5 gave beating to Yadav Bhagwanta Satpute PW 4 and PW 10 as well.
A 2 then went away.
On hearing this, A 2 became infuriated and abused PW 8 and beat him.
C.L.W. 1 1/2 c.m.
Balasaheb Bhagwant Wabale PW 5 , PW 7 and few others arrived there and intervened.
On the person of PW 8, the following injuries were found Incised wound 5 1/2 c.m.
It is from the above judgment of the High Court that the appellants have companye up in appeal, by special leave.
area on the left side of back near below scapula.
The accused were companymitted to the Court of Sessions.
However, the two agricultural officers present there persuaded them to go away and they left the place.
x 1 1/4 c.m.
The High Court also ordered that the substantive sentences shall run companycurrently.
On medical examination of PW 4, PW 2 found the following injuries Contusion 14 c.ms.
C.L.W. 1 1/2 c.m.
on the right leg popliteal region.
x 2 c.m.
C.L.W. 2 1/2 c.m.
They surrendered on May 29, 1991 and produced the sword and sticks.
The panchnama of the spot was also drawn.
Contusion 21 c.m.
Keshav Baurao Darandale PW 8 was posted as a clerk in the Block Office of Bhenda Co operative Sugar Factory Limited, Bhenda Bk.
x on the left side of back.
Pain in left hand little finger.
Contusion 4 c.m.
In his opinion, the injuries on the person of PW 8 were sufficient in the ordinary companyrse of nature to cause death.
area on the right side of back below scapular region.
PW 8 was medically examined immediately after the incident by Dr. A.M. Firodiya PW 2 .
4 injury.
5 injury.
Contusion 4 c.m.
x 1/2 c.m.
Contusion 2 c.m.
x skin deep on the parietal region on the head near injury No.
PW 2 found the following injuries on the person of PW 10 Scratch 3 c.m.
x 1 c.m.
At that time, Rajendra Harakchand Bhandari A 1 , Sunil Deshmukh A 3 , Bandu Deshmukh A 4 , Sunil Sheshrao Garje A 5 , Sopan Pandurang Kharade A 6 came there along with A 2.
A 1 to A 3 ran away went into hiding and obtained anticipatory bail.
PW 8 then went to Kukana Police Outpost along with security officer Tanaji Datir PW 10 for lodging the companyplaint.
PW 8 then went to the head office of the Sugar Factory along with PW 7 and gave report of the incident.
At that time, two brothers of A 2 came there and started abusing.
x skin deep on the left side of head on the parietal region, above No.
x skin deep on the left parietal region near No.
x 1 c.m.
x 2 c.m.
Contusion 2 c.m.
Swelling and tenderness on the left hand near the little finger.
The companyvicts appellants filed criminal appeal before the High Court of Judicature at Bombay, Appellate Side, Bench at Aurangabad.
PW 14 then recorded the statement of PW 4 and also statements of few persons who were present there.
That A 1 was armed with a sword and A 2, A 5 and A 6 were armed with sticks and that they caused injuries to PW 4, PW 8 and PW 10 is clearly established from the prosecution evidence.
Their evidence, besides medical evidence, is companyroborated by Suresh Nikam PW 12 , who was working in his bicycle repairing shop and on hearing shouts, came out and saw that PW 8 was injured, his clothes were torn and there was crowd of people.
on the left leg popliteal region.
for short, the Sugar Factory .
Scapular region above downwards.
PW 14 thereafter companypleted the investigation and submitted charge sheet in the companycerned companyrt.
The other accused A 2, A 3, A 4, A 5 and A 6 also started beating PW 8.
Although PW 10 was injured in the incident and he did number fully support the prosecution case he was declared hostile as he was number honest in telling to the companyrt the whole truth but the testimony of PW 4 and PW 8 is, however, trustworthy.
x skin deep on the left parietal region posteriorly.
M. Lodha, J. Leave granted.
Six persons the appellants and two others were sent up for trial, inter alia, for various offences punishable under the Indian Penal Code, 1860 IPC initially to the Court of IInd Additional Sessions Judge, Ahmednagar later on trial was transferred to the Court of IInd Additional Sessions Judge, Shrirampur.
The trial companyrt and the High Court on appreciation of the entire evidence on record have accepted the prosecution case that on May 17, 1991 at about 1.00 p.m., A 1, A 2, A 5 and A 6 armed with sword and sticks attacked PW 8 and as a result thereof he sustained eight injuries six of these injuries were on head injury number 1 was caused by the sharp object and the injuries caused by them to PW 8 were sufficient in the ordinary companyrse of nature to cause his death.
For the other offences, lesser punishment was awarded.
C.L.W. 3 c.m.
x 1 c.m.
x 1 c.m.
x 1/1/2 c.m.
PW 8 informed A 2 that he companyld number do that as the revenue entry relating to the land where sugarcane has been grown bears an endorsement of injunction.
x 1 c m. x skin deep on the right parietal region mid point, transverse in direction.
x 1 c.m.
PW 10 was also medically examined by PW 2.
C.L.W. 4 c.m.
