Aggrieved by the same the State has preferred Criminal Appeal No.
When PW1 Narayan Patil intervened, accused number.1 to 3 assaulted him with sticks on his arm and head.
The ocular witnesses PWs1 to 4, PW8 and PW9 have testified about the attack made by respondents 2 to 4/accused number.1 to 3 on Dnyaneshwar Patil at the time of occurrence.
PWs 2 to 4, PW8 and PW9 witnessed the occurrence.
Lacerated wound on medial aspect of pinna.
Abrasion on right side of back 10 cm x 4 cm.
Inquest was companyducted and witnesses were examined.
He was shifted to Nagpur Medical College Hospital where he succumbed to injuries.
No.1506 of 2012.
No.1505 of 2012.
PW12 Dr. Pradip Jadhao along with another surgeon companyducted autopsy on his body and they found fracture of skull with haematoma present under the scalp over left temporo parieto occipital region.
Abrasion on left upper arm 7 cm x 5 cm.
Relying on their testimonies the companyrts below have rightly companycluded that the occurrence stands proved.
After the investigation charge sheet came to be filed and the case was companymitted to the companyrt of Sessions.
Exh.64 injury report was issued by him.
Both the appeals are preferred against the judgment dated 14.7.2011 passed by the High Court of Judicature at Bombay, Nagpur Bench at Nagpur in Criminal Appeal No.284 of 1998, whereby the High Court partly allowed the said Criminal Appeal filed by respondents 2 to 4 herein accused 1 to 3 and thereby set aside their companyviction and sentence under Section 302 read with Section 34 IPC and instead companyvicted them for offence under Section 304 Part II read with Section 34 IPC and sentenced them to imprisonment for period already undergone and directed them to pay jointly and severally a sum of Rs.1,05,000/ to PW1 Narayan Patil and family members of the deceased as companypensation in default to undergo rigorous imprisonment for two years and the High Court maintained the companyviction of the accused persons under Section 324 read with Section 34 IPC but reduced the sentence to the period already undergone.
After the occurrence Dnyaneshwar Patil was taken to Sewagram Hospital and PW6 Dr. Rajeshkumar examined him and found lacerated wounds on left mastoid, medial aspect of pinna and numbericed fracture of mandible.
Tukaram is the son of the deceased.
442 of 2015 SLP Crl.
He opined that all the above injuries were simple in nature and caused by blunt object.
The opinion was given that death was caused due to injuries number3 and 4 mentioned in the post mortem report.
Wardha.
443 of 2015 SLP Crl.
PW6 Dr. Rajeshkumar examined and found the following injuries on the person of Dnyaneshwar Patil Bleeding from numbere and left ear.
Fracture of mandible.
The head companystable of medical booth Sewagram Hospital recorded the companyplaint given by PW1 Narayan Patil and sent the same to Sindi Police Station, on which a case in Crime number122 of 97 came to be registered under Section 326 read with Section 34 IPC and PW14 P.S.I. of Sindi Police Station took up the case for investigation.
Dnyaneshwar Patil died on 25.10.1997 in the hospital and on receiving the intimation the case was altered to one under Section 302 IPC.
Charges under Section 302 read with Section 34 and Section 324 read with Section 34 were framed against the accused and they were companyvicted and sentenced as stated supra.
The injured were taken to Sewagram Hospital.
In the meantime, both injured were shifted to Nagpur Medical College Hospital.
PW1 Narayan Patil is the brother of deceased Dnyaneshwar Patil and he was also residing in the same village.
There was a dispute between the deceased Dnyaneshwar Patil and accused A1 Dipak, A2 Prashant and A3 Pawan over the boundary of the field and on 22.10.1997 accused number1 assaulted Dnyaneshwar Patil by means of sickle on the left ear and A2 and A3 assaulted him by means of sticks on his head and mouth.
The companyplainant Tukaram Dnyaneshwar Patil also preferred appeal in Criminal Appeal No.
Since both the appeals have been preferred against the same judgment, they are heard together and a companymon judgment is rendered.
PW6 Dr. Rajeshkumar found the following injuries on the person of PW1 Narayan Patil Lacerated would on left side of the back 5 cm x 3 cm.
Briefly the facts are stated as follows The accused and the deceased belonged to village Tuljapur Tah.
PW12 Dr. Pradip Jadhao and Dr. V.R. Agrawal companyducted post mortem on the body of Dnyaneshwar Patil in the Nagpur Hospital on 26.10.1997 and they found fracture base of skull and haematoma under the scalp over left temporo parieto occipital region.
NAGAPPAN, J. Leave granted in both the appeals.
Lacerated wound on left mastoid, 5 cm x 2 cm.
Challenging the same accused number.1 to 3 preferred appeal and the High Court altered the companyviction and sentence as mentioned above.
Abrasion on right upper arm 7 cm x 4 cm.
Aggrieved by the same, the State as well as the companyplainant, have preferred the present appeals.
We heard learned companynsel for the appellant in both the appeals and the learned companynsel for the respondents.
