Criminal Appeal No. 56 of 1988. Case: Jagannath Narayan Nikam Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 56 of 1988 |
| Counsel | For Appellant: P. P. Hudlikar, Advs. and For Respondents: Mrs. Randive, Advs. |
| Judges | V. Sahai, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Section 154; Indian Penal Code (45 of 1860) - Sections 149, 326 |
| Citation | 1995 CriLJ 795 |
| Judgement Date | July 22, 1994 |
| Court | High Court of Bombay (India) |
Judgment:
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The appellants aggrieved by the order dated 14-12-1987 passed by the III rd Additional Sessions Judge Thane in sessions case No. 513/1986 convicting them under Section 147 IPC., 148 IPC and 326 read with 149, IPC and sentencing them to undergo a separate sentence of one year's rigorous imprisonment under the first two counts and 4 year's rigorous imprisonment and a fine of Rs. 300/- under the 3rd count, had come up in appeal before me.
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The prosecution case in brief is that on 27-6-1986, at about 5.30 p.m. all the appellants along with 15 to 20 absconding Adiwasis formed unlawful assembly in village Jawsai, Kathopada, Ambarnath, Taluka Ulhasnagar, District- Thane with the object of committing murders of the complainants Ramanand Ramakamalaprasad Yadav, Jahir Abbas, Dineshsingh, Krishnalala and Sanjay Patil. It is alleged that all the appellants were armed with deadly sticks. It is said that as a result of assault by the appellants Jagganath Narayan Nikam and Suresh Kamlu Makane with stick (sic) one Sanjay Patil was killed and Ramanand (PW 1) Jahir Abbas (not examined), and Dineshsingh (PW 2) sustained injuries. The allegation of the prosecution was that Krishnalal Bodraj Daharia was also injured but Dr. Sunil Kumai Shivchandra Shastri (PW 5) who medically examined him, vide his injury certificate Exhibit 29, found no injury on his person.
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The first Information Report in the instant case is alleged to have been lodged within 4 1/2 hours of the incident taking place i.e. at 10.45 p.m. on 27-6-1986. The aforesaid FIR was recorded by PW 8 P.S.I. D. R. Gore, of police station Ambarnath. The injuries of the victims were medically examined by Dr. Sunil Kumar Shivchandra Shastri (PW 5) of Ulhasnagar Central Hospital. Doctor examined the informant Ramanand Ramkamal Prasad Yadav on 27-6-1986 at 7.45 p.m. and found on his person the following injuries:-
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CLW over the scalp region over temporal parietal region on left side dimension 10 Gm. long 1 cm. wide and bone deep. Margine were irregular, Bleeding, present.
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CLW over left side of forehead just in the hair line with the dimension of 2 cm x 1/2 cm bone deep. Margins irregular. Bleeding present.
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CLW over the right cheek 3 cm. length x 1 cm. breadth subcutaneous tissue deep. Margin irregular bleeding present.
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Contusion over right hypochondria with the dimension of 10 cm x 4 cm. clinically no evidence of fracture.
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Bruise over the left medial aspect of hand 4 cm x 5 cm. X-ray was taken for injury no. 5 bearing no. 2064 shown fracture styloid process of ulna bone.
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On the same day Dr. Sunil Kumar (PW 5) examined the deceased Sanjay Kanha Patil and found on his person following injuries:
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CLW over right side of temporal region transverse in direction 3 cm x 1/2 x bone deep with irregular margin and bleeding was present.
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Haematoma on encirculed in injury No. 1 of 5...
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