Criminal Appeal No.161 of 2008. Case: The State of Maharashtra Vs Mahendra Shivaji Gadekar and Ors.. High Court of Bombay (India)
| Case Number | Criminal Appeal No.161 of 2008 |
| Counsel | For Appellant: Mr. H.J. Dedia, APP and For Respondents: Mr. Dhananjay Rananaware, Adv. |
| Judges | Smt. V.K. Tahilramani & Smt. Anuja Prabhudessai, JJ. |
| Issue | Indian Penal Code - Sections 143, 147, 148, 323, 324, 307, 504, 506, 149; Indian Arms Act - Section 30; Criminal Procedure Code - Section 313 |
| Judgement Date | July 25, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
Smt. Anuja Prabhudessai, J.
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This appeal arises from judgment dated 29.12.2006 whereby the learned Additional Sessions Judge, Satara, acquitted the respondents (hereinafter referred to as accused) in Sessions Case No.66 of 2002 of offences punishable under sections 143, 147, 148, 323, 324, 307, 504 and 506 r/w. 149 of the IPC.
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The case of the prosecution in short is as under:
The complainantMohan Sathe and the other injured persons are the residents of Durgalwadi. The accused no. 1 is alleged to have made some indecent comments on seeing the sister of PW5 Rajendra. The accused no. 1 had also called her to the house of one Vijay. PW5 had told the mother of the accused no.1 to persuade him not to interfere with his sister. Irked by this, on 18.11.1997 at about 8 to 8.15 p.m. the accused Nos.1 and 2 assaulted PW5 Rajendra Chavan and Sambhaji Sathe. Again on 19.11.1997 at about 9 to 9.30 p.m. while PW5 Rajendra and Sambhaji Sathe were having a wash in the paddy field, the accused Nos.1 and 5 assaulted them with a cycle chain and sticks. The accused No.3 Pandharinath Yadav, accused No.4 Shankar Yadav and accused No.5 Sambhaji Yadav and Manik (deceased) also came to the paddy field. PW5Rajendra Chavan and Sambhaji Sathe ran towards the house of Hanmant Desai. It is alleged that all the accused followed them and assaulted them with sticks, cycle chain, gupti, etc. On hearing their shouts PW4Mohan Sathe came to the place of the incident with a loaded gun. It is alleged that the accused Nos.3 Pandharinath Yadav and accused No.4Shankar Yadav assaulted PW4 Mohan Sathe and as a result, he fell down with the gun. The accused No.4Shankar Yadav tried to snatch the gun from his hand and in the course of a scuffle, the gun discharged accidentally. The accused No.4 Shankar Yadav thereafter left the gun and all the other accused went away from the place of the incident.
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PW4Mohan Sathe went to Rahimatpur police station and lodged the FIR at Exh.71A, pursuant to which PW9ASI Maruti Ghadhge, registered C.R. No.54 of 1997. The injured were referred to the civil hospital for medical examination. PW3 Dr.Suresh Shinde examined the injured and issued injury certificate at Exhs.46 to 50. In the meantime, Having learnt about the incident from the police patil, PW7Ishwar Sutar, API at Rahimatpur police station, visited the scene of offence. He learnt that some of the injured persons were already taken to the hospital. He deputed some constables to guard the scene of offence and proceeded to the civil hospital at Satara. He recorded the FIR lodged by Sambhaji Yadav and registered C.R. No.55 of 1997 for offences punishable under sections 143, 147, 148, 302, 307, 326, r/w. 149 of the IPC and section 30 of the Indian Arms Act against PW4Mohan Sathe, PW5Rajendra Chavan, PW6Shivprasad Sathe and others. PW7Ishawar Sutar, API also took over the investigation of the present crime (C.R. No.54 of 1997) from PW9Maruti Ghadge, ASI. He conducted the scene of offence panchnama and recorded statements of some of the witnesses. He handed over further investigation to PW8Anil Sandobhor. Upon completion of the investigation, PW8 filed the chargesheet against the aforesaid accused.
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The case being sessions triable, the same was committed to the court of Session, Satara. The learned Additional Sessions Judge, Satara, framed and explained the charge to the accused. The accused pleaded not guilty and claimed to be tried. The prosecution examined 9 witnesses including the injured witnesses viz. PW4Mohan Sathe, PW5Rajendra Chavan and PW6Shivprasad Sathe. The statements of the accused came to be recorded under section 313 of the Cr.P.C. The defence of the accused was that on 17.11.1997 PW5Rajendra Chavan and Sambhaji Sathe had assaulted the accused...
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