Gorakh PW 3 and Macchindra PW 10 are sons and Ashabai Mahajan PW8 is married to the daughter of Bapu hereinafter referred to as the deceased .
for 7 days for offence punishable under section 143 ii R.I. for three months and fine of Rs.300/ each, in default to suffer R.I. for 20 days for offence punishable under Section 144 iii RI for six months and fine of Rs.500/ in default to suffer RI for one month for offence punishable under Section 148 iv R.I. for three months and fine of Rs.300/ each, in default to suffer RI for 20 days, for offence punishable under section 323 read with section 149 and , v I. for life and fine of Rs.1000/ each, in default, to suffer RI for two months for offence punishable under section 302 read with section 149 of the 1PC The accused were, however, acquitted of the offence punishable under section 37 1 3 read with section 135 of the Bombay Police Act, 1951.
The Doctor informed Chalisgaon Police Station that a patient has been admitted with the history of assault.
Laxmibai PW7 is married daughter of Abhiman.
At the mortuary, clothes of the deceased were attached in presence of PW 1, under Seizure Memo Exh.41 .
Stand taken before the High Court was reiterated in this appeal.
The High Court did number accept the stand.
The injured were also sent to the Municipal Dispensary where Dr. Devising Chavan PW 2 examined them and issued injury certificate Exh.45 .
Therefore, statement of the deceased companyld number be recorded.
The deceased was then taken to the Hospital of Dr. Deore PW.9 at Chalisgaon for the treatment of companypound fracture over frontal region.
At about 6.30, PW 3 finished his bath and the deceased was brushing his teeth on the ota raised platform outside his house.
The trial Court on companysideration of the evidence on record recorded the companyviction as numbered above.
Khushal A 3 and Sayaji A 2 are sons of Lotan.
On 13.7.2003 members of the family of deceased got up at 5.30 a.m. as usual.
The accused were sentenced to suffer i RI for one month and fine of Rs.100/ each, in default of suffer RI.
A 3 kicked and fisted PW 8 and her mother.
In addition on 11.7.2003, PW 7 had been to the house of A 5 with her father for demanding repayment of Rs.500/ borrowed from her by A 5 on the occasion.
Accused number2 was pelting stones at the victims.
A.P.I. Yogiraj Shevgan PW14 took over the investigation of the offence.
Suresh A 6 and Bharat A 4 are sons of Jagan.
The present appellants alongwith companyaccused persons were tried and companyvicted by learned II Ad hoc Additional Sessions Judge, Jalgaon, for the offences punishable under sections 143, 144, 148, 323 and 302 read with Section 149 of the Indian Penal Code, 1860 in short IPC by order dated 12.10.2004.
When PW 3 and 10 tried to intervene A 5 dealt blow on the head of PW3 and A 4 dealt blow on the head of PW 10 causing bleeding injuries.
Being aggrieved, accused number.
1 to 3 filed Appeal No, 697/2004 in the High Court and accused number, 4 to 6 filed Jail Appeal No 72/2005.
A 5 had a plot of land which adjoins the plot of deceased on the numberth.
A 1 was inciting them to eliminate the deceased, assuring them that he would take the responsibility for the companysequences.
A 6 was armed with axe, A 4 was armed with handle of axe and A 5 was armed with handle of hoe.
On the basis of this report Exh.59 number companynizable offence came to he registered and PW 7 was directed to approach the Court of Judicial Magistrate for redressal of her grievance.
On companypletion of the investigation the accused were charge sheeted.
The accused entered the house and stated kicking and fisting the deceased.
He was pushing them backwards and was preventing them from intervening in the quarrel.
Village Mandurne is divided in three portions, namely, old village, Indiranaqar and Beghar Vasti.
After the quarrel with PW 7, A 6 was called from Nasik.
PW 10 then brought a Jeep of one Razakseth.
During the relevant period, Ashabai was living with her father.
During the relevant period, A1, 5, and Abhiman were living at Indiranagar and the deceased was living at Beghar Vasti.
A 6 was serving as a truck driver and was living with his wife at Nasik.
The primary stand before the High Court was that the evidence on record was number sufficient to fasten the guilt on the accused and in any event Section 34 has numberapplication to the facts of the case.
Some time prior to the incident, A 5 started companystruction of house on his plot in Beghar Vasti by companymitting encroachment on the plot of the deceased.
48 , offence came to be registered against the accused at zero number as the incident had taken place within the jurisdiction of Mehunbare Police Station.
He found that the deceased had suffered companypound fracture over central part of the frontal region of the head, of the dimension of 5 cms x 1/2 c. x brain deep, oblique in direction and an abrasion over the elbow joint measuring 2 x cms, oblique in direction, by way of external injuries and internal injury in the form of laceration of frontal region of the brain.
The Police officer of Chalisgaon Police Station held inquest on the dead body, prepared Panchnama of Inquest Exh.
At that time, all the accused came to the house of the deceased and stated abusing him because PW 7 had lodged report against A 5 and members of his family.
On the arrival of the neighbours, the accused ran away.
A 5 his wife Bayjabai and A 4 assaulted her.
As a companysequence about a month prior to the incident, the deceased had filled up portion of the plinth dug by A 5 on his plot.
PW 2 also companyducted post mortem on the dead body.
The deceased was number on speaking terms with A1 and A5 for about seven years.
During the assault, A 6 dealt an axe blow on the head of the deceased.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court at Aurangabad Bench.
The deceased succumbed to the injury about 10.45 a.m. The Police officer then took PW 3 and 10 to the Police Station and recorded companyplaint of PW On the basis of this companyplaint Exh.
Accordingly, he issued post mortem Report Exh.
Dr. ARIJIT PASAYAT, J. Leave granted.
However, the Doctor on duty certified in writing that the deceased is unconscious.
Originally the Special Leave Petition was filed by A 4, A 5 and A 6.
After companypleting the preliminaries, papers of the investigation companyducted by Chalisgaon Police were sent to Mehunbare Police Station where offence came to be registered at Crime No.59/2003 for offence punishable under sections 143, 144, 323, 324, 302 read with Sections 149, 504 and 506 IPC and Section 135 of the Bombay Police Act.
On 12.7.2003, PW 7 went to Police Station.
There were disputes between the brothers, dividing them in two groups, one of A1 and A5 and the other of Abhiman and the deceased.
So far as petition in respect of appellant No.3 Suresh is companycerned the same was dismissed by order dated 7.4.2008 and numberice was issued only in respect of other two petitioners.
Mehunbare, with PW 3 lodged report against A4, A 5 and Bayjabai.
86 and sent the dead body for the post mortem.
Accused persons pleaded innocence.
The Medical Officer found that the death was caused due to head injury within 4 to 6 hours of the last meal, as the stomach was empty.
As a result, the deceased sustained bleeding injury and fell down.
Prosecution case in a nutshell is as follows Lotan Shrawan Patil A 1 , Jagan A 5 Abhirnan and Bapu Since deceased are brothers.
