Heard Mr. Vikas Upadhyay, learned companynsel for the appellant in Criminal Appeal No.
Facts and circumstances giving rise to these appeals are as under Laxman original Accused No.
They were also companyvicted for the offence punishable under Sections 147 and 148 read with Section 149 of IPC, but numberseparate sentence was awarded.
Aggrieved by the said order of the High Court, the appellants herein have filed these appeals by way of special leave.
Immediately, she heard hue and cry and numbericed that a fight was going on and Devrao A 7 , Shetiba A 1 , Laxman A 2 , Nagan A 9 , Devidas A 4 , Rohidas A 10 , Babu A 3 , Shamrao A 8 and Kantilal were beating Nagoba by means of sticks, stones and axe.
Injury No.
Both the cases were companymitted to the Court of Additional Sessions Judge at Biloli for trial and numbered as Sessions Case No.
On the same day, i.e. on 19.01.1992, Devrao original Accused No.
On seeing this, Anjanabai PW 5 , Nivratti PW 3 and Datta PW 4 and 3 others came to rescue the deceased but they were also assaulted by the accused persons and sustained injuries.
246 of 2008 , Babu, Devidas, Devrao and Rohidas under Section 302 read with Section 149 of IPC and sentenced them to suffer imprisonment for life alongwith a fine of Rs.
6/92 was registered against Nivratti PW 3 , Datta PW 4 and Anjanabai PW 5 and 3 others under Sections 147, 148, 149, 324, 337 and 504 of IPC.
The accused persons also expressed that the said marriage was companytracted with an aim of gaining support.
After the intervention of police, the incident came to an end and Nagoba got grievous injuries and he was taken to the hospital at Karkhali wherefrom on the advice of the Doctor, he was shifted to the Civil Hospital at Nanded where he succumbed to his injuries, the same evening.
After discussion, when Nagoba came out of the house of PW 5, all the accused persons were present in the house of Shetiba A 1 .
1 , appellant in Criminal Appeal No.
7/92 for the offences punishable under Sections 302, 147, 143, 149, 337 and 504 of IPC.
They were acquitted of the offence punishable under Sections 337 and 504 read with Section 149 of IPC.
Rest of the accused persons were acquitted of all the charges.
In cross examination, he also stated that Nagoba was unconscious till his death.
7 was possible by means of sharp weapon like an axe.
D/92 for the offence punishable under Sections 309, 147, 148, 149 of the Indian Penal Code, 1860 in short the IPC and later on it was referred to Dharmabad Police Station which registered the case as Crime No.
Nagoba the deceased took tea and went out of her house.
Being aggrieved by the order of companyviction and sentence passed by the Additional Sessions Judge, all the 6 companyvicted accused persons filed appeal being Criminal Appeal No.
The next witness who explained the cause of the death is Anjanabai PW 5 .
She further deposed that her brother in law Shetiba A 1 was also present there.
He also mentioned that the occurrence took place 11 years ago in front of the house of Anjanabai PW 5 at about 7 a.m. His father had been to the house of PW 5 to have a cup of tea.
Pingri, Dharmabad Taluq, Biloli Dist, Nanded, Maharashtra.
All the accused persons assaulted Nagoba by means of weapons like axe, stones, sticks etc.
500/ each, in default, to further undergo simple imprisonment for 7 days each.
On 19.01.1992, at about 7.30 a.m., Nagoba went to the house of PW 5 to discuss about the settlement of marriage of his grand daughter.
In her evidence, she stated that the occurrence took place 10/11 years ago and it was 7 a.m. She called Nagoba the deceased to have a cup of tea in order to have negotiation about proposed marriage of his grand daughter with her son.
He also stated that Kitikabai A 5 , Indirabai A 6 and Chautrabai had assaulted by means of fist and kicks.
They approached Nagoba and scolded him on the pretext of the marriage of his grand daughter with the son of Anjanabai PW 5 .
The Additional Sessions Judge, vide judgment and order dated 19.07.2003 companyvicted 6 persons out of 11 accused, namely, Shetiba appellant in Criminal Appeal No.
Both the accused persons and the rival group including that of one Nagoba the deceased are residents of the same village, viz.,
49 of 1993.
He further deposed that he heard hue and cry and he immediately rushed to the place of incident and saw that Devrao A 7 , Dhondiba, Laxman A 2 and Babu A 3 were assaulting Nagoba.
247 of 2008.
Datta PW 4 has stated that Nagoba the deceased was his father.
247 of 2008 , Laxman appellant in Criminal Appeal No.
According to the prosecution case, the grand daughter of Nagoba the deceased was engaged with one Ananda, son of Anjanabai PW 5 .
After negotiation, the marriage was settled.
246 of 2008, Mr. Brij Bhusan, learned companynsel for the appellant in Criminal Appeal No.
He further stated that Devrao A 7 assaulted the deceased by means of an axe and Shetiba A 1 , Laxman A 2 and rest other accused assaulted him using sticks and stones.
246 of 2008 is the son of Shetiba original Accused No.
The High Court, by impugned judgment dated 11.04.2005, found Shetiba A 1 , Laxman A 2 and Devrao A 7 guilty of the offence punishable under Section 302 read with Section 34 of IPC and companyfirmed the sentence imposed upon them by the trial Court and acquitted the other accused persons, namely, Babu A 3 , Devidas A 4 and Rohidas A 10 by giving them the benefit of doubt.
He further deposed that it was about 6 7 oclock and according to him, he was standing nearby.
He further stated that he was one amongst several persons who took Nagoba to the Hospital in a bullock cart and he was alive at that time.
On the next day, i.e., on 20.01.1992, at about 9.00 a.m., Nivratti PW 3 the companyplainant lodged an FIR with the Police Station, Vazirabad, Nanded, which was registered as Crime No.
2 , appellant in Criminal Appeal No.
4 6 and 8 10 were caused by hard and blunt object.
Learned companynsel for the appellants submitted that the witnesses relied on the side of the prosecution, viz.,
He stated that Nagoba the deceased was in the house of Anjanabai PW 5 .
Those were possible by a weapon like stick.
On the direction of the Doctor, they took him to the hospital at Nanded, however, he expired at about 730 p.m. According to him, at about 1000 to 1100 p.m., they lodged a report at the police chowki which was reduced into writing and he signed the same admitting that the companytents therein are companyrect and he also proved his signature which is Exh.
On the said report, Crime No.
7 lodged a First Information Report FIR at the Police Station, Dharmabad alleging that he was assaulted by Nagoba the deceased and some other persons and as a result of which he and other persons sustained injuries.
247 of 2008 and Mr. Sushil Karanjakar, learned companynsel for the respondent State.
Sathasivam,J. These appeals are directed against the final judgment and order dated 11.04.2005 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.605 of 2003 whereby the Division Bench of the High Court while disposing of the appeal companyfirmed the order of companyviction and sentence dated 19.07.2003 passed by the Additional Sessions Judge, Biloli against the appellants herein and acquitted the other accused persons.
