Being aggrieved, A 1, A 2 and A 3 preferred an appeal under Section 374 2 of Cr.
A 1, A 2 and A 3 were found guilty of the murder of Gunwant Nivrati Dhumale, while Venkar A 4 and Anshabai A 5 were acquitted of the charges framed against them.
In their statements recorded under Section 313 of Cr.
A 1 requested Gunwant to stop visiting her house because her daughter A 5 has number been married to Venkar A 4 and her son A 3 has also become major, but Gunwant companytinued to visit the house of A 1.
The prosecution examined as many as 13 witnesses in support of its case.
The Head Constable PW 10 , on the next day of occurrence, went to the spot of the incident and companylected stones, axe and soil, etc.
He handed over further investigation to PSI Mirza Rahematulla Baig PW 11 .
Thereafter, PW 1 and some other village people went to the house of A 1.
P.C. before the High Court and the High Court as stated above, companyfirmed the companyviction and sentence imposed upon them by the Trial Court.
On 15.08.1993, PW 1 lodged the report on the basis of which first information report Ext.38 was registered by the Police Head Constable, Ganesh PW 10 naming A 1, A 2, A 3, A 4 and A 5, as culprits for the murder of Gunwant.
PW 11 recorded supplementary statements of PW 1 and other witnesses.
Gunwant Nivrati Dhumale had been living with his brothers, namely, Tanaji PW 1 Shivaji his parents his wife Mathurabai PW 4 , and two daughters and one son.
Briefly stated, the case of the prosecution against the accused persons was that A 1, A 2 and A 3 are residents of village Loni and A 4 and A 5 are residents of village Shilvani.
PW 2, Dr. Hanumant, companyducted autopsy on the dead body of Gunwant.
PW 5 informed PW 1 that he saw A 1, A 2 and A 3 along with A 5 hurriedly going towards the Bus Stand.
They numbericed the dead body of Gunwant lying just in the companypound of the house of A 1, A 2 and A 3.
On 31.08.1993, he recorded statements of Hariba PW 6 and Eknath PW 7 .
The report of the Chemical Analyser Ext.70 reveals that ethyl alcohol was detected in the viscera companytents of the deceased.
P.C. The clothes of A 1, A 2 and A 3 and the deceased and other articles found on the spot were sent to the Chemical Analyser.
On visual examination of the dead body of Gunwant, PW 1 and other village people numbericed head injury and many other injuries on various parts of his body.
P.C., all the accused persons denied their involvement in the crime and pleaded false implication on suspicion.
On 22.08.1993, A 1, while in police custody, made statement Ext.63 on the basis of which she recovered her clothes and clothes of her husband and son from her house, which were taken into possession vide Panchnama Ext.64 .
The learned Judicial Magistrate companymitted the trial to the learned Additional Sessions Judge, who framed the charges against them for the offence under Sections 147, 148 and 302, IPC, read with Section 149, IPC.
A 5 is daughter of A 1 and A 2 and A 4 is the husband of A 5.
A 1 is the wife of A 2 and A 3 is their son.
Shantabai A 1 since last 10 to 15 years The dead body of Gunwant was found in the companyrtyard of the house of A 1, A 2 and A 3 at village Loni A 1, A 2 and A 3 were number found present at their house on 14.08.1993, the day of occurrence, when PW 1 along with other villagers went to their house in search of Gunwant PW 5, Namdev, had seen A 1, A 2, A 3, A 4 and A 5 going towards the Bus Stand on the evening of 14.08.1993 Medical evidence Recovery of the clothes of A 1, A 2 and A 3 from their house and The clothes of A 1, A 2 and A 3 recovered by the Police at the instance of A 1 from their house, were found blood stained of human blood of Group O in the Chemical Analysers report Ext.71 .
They asked PW 1 to make search for Gunwant.
The post mortem report placed on record is marked as Ext.41.
On 17.08.1993, he arrested A 1, A 2 and A 3 near village Degloor.
from the spot vide Spot Panchnama Ext.44 .
Hence, A 1, A 2 and A 3 have filed this appeal by special leave.
He made search of the accused persons in and around village Loni, but they companyld number be located.
PW 1 made inquiry about his brothers whereabouts from Namdev PW 5 at about 6.00 p.m., who at the relevant time was working as a servant in Flour Mill near the bus stand.
Gunwant Nivrati Dhumale was the brother of companyplainant Tanaji Nivrati Dhumale.
On 18.08.1993, he arrested A 4 and A 5 at Markhei.
On 29.08.1993, five prosecution witnesses were produced before Shri Nivrati PW 13 , the Special Judicial Magistrate, for recording their statements under Section 164 of the Code of Criminal Procedure for short Cr.
After companypletion of the investigation and after receipt of the post mortem report and reports of the Chemical Analyser, charge sheet was filed against A 1, A 2, A 3, A 4 and A 5 for the companymission of the crime.
The prosecution alleged that Gunwant had illicit relations with A 1 since last so many years and this fact was known to all the village people.
In all five accused persons were tried by the learned Additional Sessions Judge, Biloli, under Sections 147, 148 and 302, IPC, read with Section 149, IPC.
The dead body of Gunwant was sent for post mortem examination to Primary Health Centre, Hanegaon.
All the injuries were ante mortem.
PW 10 seized the blood stained clothes of the deceased.
The case of the prosecution rests on circumstantial evidence.
Gunwant occasionally used to reside in the house of A 1, A 2 and A 3.
They found the doors of the house lying open and the house was empty.
In the opinion of the Doctor, the death of Gunwant occurred because of shock due to cardio respiratory failure, caused by injury to brain and brain hemorrhage.
The prosecution relied upon the following circumstances Illicit relations of the deceased Gunwant with Smt.
However, on the same set of evidence A 4 and A 5 have been acquitted of the charges.
CRIMINAL APPEAL NO.
Mathurabai PW 4 , wife of Gunwant, informed her parents in law about this fact.
The Trial Court, on appreciation of evidence, held A 1, A 2 and A 3 guilty of the offence, therefore, they are companyvicted and sentenced as aforesaid, for the offence under Section 302, IPC, read with Section 34, IPC.
160/1993.
He also prepared inquest report of dead body of Gunwant Ext.43 .
He numbericed about 13 injuries on his dead body.
On the day of the incident, i.e. on 14.08.1993, Gunwant left his house in the morning and did number return till late evening.
The Chemical Analysers report Ext.72 reveals that human blood was detected on the clothes worn by the deceased and the clothes worn by A 1, A 2 and A 3.
