A witness who witnesses an attack on another by three persons armed is number supposed to go on companynting number of assaults on the parts of the body where the injuries were inflicted.
They are PWs 3, 4 and 6.
They had categorically stated about the external injuries 1, 4, 8, 14 and 18.
According to the evidence the axe was inserted near about 4 to 5 inches in the head.
Since the accused persons pleaded innocence trial was held.
Surtan PW 7 , Gulabsingh PW 8 and other persons from neighbourhood also arrived on the spot after having heard the alarm of Madhukar.
Only PW 6 spoke about it.
In the presence of dear ones, Madhukar was brutally assaulted.
As numbered above, the trial Court found the accused persons guilty and death sentence in respect of A 1 and A 2 and life imprisonment to A 3 was awarded.
The blow was given with so much force that the blade of the axe stuck into the head of Madhukar and handle of the axe was broken.
Accused numberl cut the left hand of Madhukar.
So it was possible that they had number numbericed the injuries which were earlier sustained due to assaults.
Reenabai PW3 lodged FIR Exh.14 at 10.30 p.m. On the basis of FIR Exh.
They were shocked to know that their brother in law Madhukar married Ramabai and kept her in the house which adversely affected the married life of Jaitubai.
Three witnesses were stated to have witnessed the occurrence.
Reenabai PW3 asked Alpesh PW6 to go to the Police Patil.
The handle of that axe was in a broken companydition.
Reenabai PW 3 tried to rescue her brother Madhukar, however, because of threats administered by the accused, she did number dare to rescue her brother Madhukar.
But the dear ones and close ones companyld number offer any kind of help to Madhukar.
The motive indicated was that the deceased was having a illicit relationship with another lady and, therefore, the family members of the wife were upset.
Pradip Sonawane PW18 carried out further investigation of the crime and, after companypletion of the investigation, sent up the charge sheet against the accused number.1 to 3.
Accused number2 brought knife from the house and inflicted blows on the back of Madhukar by means of knife.
On 15.7.2001, first husband of Ramabai, alongwith 15 to 20 persons came to Madhukar.
No overt act was attributed by PW 6 to A 3.
1 to 3 disappeared from the scene of offence.
On account of marriage with Ramabai, the married life of Jaitubai was disturbed.
As a matter of fact the companyclusion of the High Court is erroneous because PW 4 in his evidence has categorically stated that the deceased was having injury on his body due to assault by means of axes.
They appeared at the spot when the assault was companytinuing.
Prosecution version as unfolded during trial is as follows Jaitubai is the sister of respondent Nos.1 and 2 and niece of respondent No.3.
It is numbericed that PWs 3 and 4 came running after hearing shout of the deceased.
Thereafter Madhukar was allowed to marry Ramabai.
PW 3 did number speak about the assault by A 2 with knife.
Jaitubai was married to Madhukar hereinafter referred to as the deceased long back.
Deceased Madhukar brought Ramabai, a married woman and kept her in his house.
The evidence of PW 2 was full of companytradictions as there was discrepancy about the recovery.
He retained one axe with him and handed over another axe to his brother Ramu.
The High Court came to the companyclusion that if at all these two witnesses witnessed the incident from a short distance then it was number explained as to why they were number able to account for the remaining injuries which were found on the body of the deceased.
14 Crime No.
Accused Prakash went inside the house and brought two axes.
Thereafter, all the three accused persons ran way from the spot.
Accused number3 Shiva caught the legs of Madhukar by means of rope.
He also cut right foot of Madhukar.
Jaitubai and Ramabai stayed with Madhukar for a period of 15 days.
1 to 3 were number happy over this affair.
Alpesh PW6 went to Pangram and companytacted Police Patil Shamji Gavit PW11 .
No separate sentence was imposed.
His organs were severed by means of axes.
The High Court has companye to an absurd companyclusion that the eye witnesses PWs 3 and 6 gave account of 4 to 5 external injuries but the witnesses did number utter a single word about remaining 15 injuries.
Police Patil Shamji PW 11 went to Navapur Police Station on the bike belonging to Sarpanch and disclosed the occurrence to the Police.
One axe was found inserted in the bone of head near the left ear.
On hearing the alarm of Madhukar, Reenabai PW 3 , sister of Madhukar, Gemji PW 4 , brother of Madhukar, daughter Hemabai PW 5 and son Alpesh PW 6 immediately arrived on the spot in order to see what had happened to Madhukar.
The incident occurred on 16.7.2001 at about 6.30 p.m. at a close proximity of the house of deceased Madhukar.
There is a custom prevailing in their companymunity, which is companymonly known as ZAGDA system.
Jaitubai had a son Alpesh PW6 and daughter Hema PW5 .
All of them are residents of Rayagaon Patilfali , Taluka Nawapur, District Nandurbar.
Accused became furious and decided to teach a lesson to Madhukar.
Alpesh PW 6 narrated the entire incident to him.
Accused number2 inflicted axe blows on the right eye brow and near the left ear of Madhukar.
The High Court directed acquittal primarily on the ground that PW 3 did number speak about the presence of Gemji PW 4 and there is doubt about the place of recording the first information report and delay in lodging it.
Accused number.
PW 4 did number say that the axe was fixed on the head.
After the brutal assault on Madhukar, accused number.
Learned Judicial Magistrate, First Class, Navapur, District Nandurbar, companymitted the accused number.1 to 3 to the Court of Sessions to stand their trial.
The trial Court found their evidence to be adequate and accordingly recorded the companyviction and imposed sentences.
Alpesh and Hema are major.
Madhukar gave alarm to the effect MARLE, MARLE.
55/2001 came to be registered.
