Cri. App. No. 384/1991. Case: Prabhudas alias Babu s/o Balkrushna Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Cri. App. No. 384/1991 |
| Counsel | For Appellant: M. R. Daga, Adv. and For Respondents: Kishore Pandey, A. P. P., Adv. |
| Judges | B. U. Wahane , J. and R. M. Lodha, J. |
| Issue | Indian Penal Code (45 of 1860) - Section 300 |
| Citation | 1996 CriLJ 618 |
| Judgement Date | August 07, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
R. M. Lodha, J.
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The Second Additional Sessions Judge, Gondia, on 29-7-1991 convicted all the accused/appellants for the offence punishable under Section 302 read with 34, I.P.C. and sentenced them to suffer imprisonment for life and to pay a fine of Rs. 200/- each and in default of payment of fine further rigorous imprisonment for three months each. The accused/appellants have challenged the correctness of the conviction and the sentenced awarded to them by the Second Additional Sessions Judge, Gondia.
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Briefly stated the prosecution case is that on 17-7-1986 Kajal (PW 1), his brother Nathu (since deceased) and two servants Sukhram (P.W. 2) and Chaitram (PW 3) at about 6.30 p.m. in the evening were returning from their agricultural field and going towards their houses. When they reached near the house of Nathu Palasgaye, all the four accused persons namely Prabhudas alias Bablu (A1), Durodhan (2), Devendra ralias Karan (A3) and Zamingh alias Ghisu (A4) assaulted Nathu, brother of P.W. 1 Kajal. A 1 and A 2 both were armed With axes and A 3 and A 4 were having sticks in their hands. All the four accused persons, A 1, A 2, A 3 and A 4 assaulted Nathu with the weapons in their hands. Nathu who was just behind P.W. 1 Kajal gave a call to save him from the accused/appellants and P.W. 1 Kajal rushed towards him. The accused/appellants continued beating Nathu for 5-10 minutes and A 2 asked P.W. 1 Kajal to run away. The accused persons having found that Nathu was dead, fled away from the spot. A 1 carried axe with him whereas A 2 Durodhan, A 3 Devendra A 4 Zamsingh threw away their weapons on the spot and ran away. P.W. 1 Kaja1 found number of bleeding injuries on the person of deceased Nathu and the said injuries were on the neck, head and on the face and also on the other parts. P.W. 1 Kajal lodged a written report at Police Station Gangazari on 17-7-1986 at about 11.45 narrating the entire incident. The investigation commenced. The weapons were seized. Spot panchanama (Exh. 30) and inquest panchanama (Exh. 34) were prepared. Autopsy of the dead body of Nathu was conducted by Dr. Kisanlal Prabhudayal Jaipuriya (P.W. 6) on 18-7-1986 at about 12.25 p.m. The post-mortem report of the deceased Nathu is Exh. 36 on the record and reveals that he sustained 11 external injuries and his occipital bone and parietal bone on right side were fractured and brain substance was coming from fracture site and his face was disfigured. According to Dr. Kisanlal Jaipuria (P.W. 6) Nathu died due to injuries on vital organs. Statement of witnesses were recorded under Section 161, Cr. P.C. and seized articles were sent for chemical analysis and the C. A. report (Exh. 50) is part of the record. After the investigation was concluded, all the accused persons were sent for trial and the Second Additional Sessions Judge, Gondia, on 11-3-1991 framed charge against all the four accused persons for the offence punishable under Section 302 read with 34, I.P.C. All the accused persons pleaded not guilty. The prosecution led oral as well as documentary evidence. P.W. 1 Kajal, eyewitness and brother of deceased Nathu, P.W. 2 Sukhram, P.W. 3 Chaitram, P.W. 4 Jagan, P.W. 5 Sadashio, P.W. 6 Dr. Kisanlal Jaipuriya, P.W. 7 Radhelal, P.W. 8 Tilakchand and P.W. 9 Laxman were examined by the prosecution in support of its case. As stated above, various documents were also exhibited by the prosecution. Statements of the accused/appellants under Section 313, Cr. P.C. were recorded and all the accused/appellants in their statements submitted that they have been falsely implicated.
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The Second Additional Sessions Judge, Gondia, after recording the evidence and hearing the learned Additional Public Prosecutor as well as counsel for defence, concluded that the prosecution has proved that Nathu Jairam Tembhare died of homicidal death and that the...
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