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SUPREME COURT OF INDIA
S. B. Sinha & Markandey Katju
Rajendra Prabhu Chikane & another etc-PETITIONER
VERSUS
State of Maharashtra etc-RESPONDENT
Appeal (crl.) 708 AND 832 of 2005
DECIDED ON : 01/05/2007
Criminal Appeal - Conviction under Section 302/34 IPC - Summary of Acts and Sections: Section 302/34 IPC - The court discussed the evidence and testimony of witnesses, the medical evidence from the post mortem report, and the actions taken by the police during the investigation. The court highlighted the consistency of the eyewitness testimonies and the medical evidence, ultimately leading to the conviction of the accused under Section 302/34 IPC.
Fact of the Case:
The case involved the murder of Sukhdeo Chikane, the Sarpanch of a village, in a dispute over land. The accused attacked Sukhdeo with a Sattur, resulting in his death. Eyewitnesses and medical evidence corroborated the events.
Finding of the Court:
The court found the accused guilty beyond reasonable doubt based on the consistent testimonies of eyewitnesses, medical evidence, and actions taken by the police during the investigation.
Issues: The key issues included the credibility of eyewitness testimonies, the consistency of medical evidence, and the actions taken by the police during the investigation.
Ratio Decidendi: The consistency of eyewitness testimonies and medical evidence, along with the prompt actions taken by the police, led to the court's decision to convict the accused under Section 302/34 IPC.
Final Decision: The appeals were dismissed, and the accused were ordered to serve out the sentence.
JUDGMENT:
MARKANDEY KATJU, J.
1.These two connected appeals (Criminal Appeal No. 708/2005 and Criminal Appeal No. 832/2005) have been filed against the common judgment and final order dated 2.3.2005 and 3.3.2005 passed by the Bombay High Court in Criminal Appeal Nos. 99/2001 and 609/2000.
2.Heard learned counsel for the parties and perused the record.
3.Criminal Appeal No. 708/2005 has been filed by accused No. 2 Rajendra Chikane and accused No. 3 Shashikant Chikane, whereas, Criminal Appeal No. 832/2005 has been filed by accused No. 1 Sharad Chikane in Sessions Case No. 250/1999.
4.The Additional Sessions Judge, Solapur in Sessions Case No. 250/1999 had acquitted accused No. 2 and 3 of the offence under Section 302/34 IPC, but had convicted accused No. 1 Sharad Chikane under Section 302 IPC and sentenced him to life imprisonment as well as fine.
5.Against the said judgment of the trial court, accused No. 1 Sharad Chikane, filed an appeal in the High Court which was dismissed, whereas, the appeal filed by the State of Maharashtra against acquittal of accused No. 2 and 3, was allowed and both the accused were convicted under Section 302/34 IPC and sentenced to life imprisonment along with fine.
6.The prosecution case was that the deceased Sukhdeo Chikane was the Sarpanch of village Gulpoli, Taluka Barshi, Dist. Solapur since 1990. He was a resident of village Gulpoli. The complainant (PW1) Vikram Chikane who is an eye witness was a cousin brother of the deceased Sukhdeo. Dipak Chikane (PW2) was the real brother of the complainant Vikram and thus another cousin brother of the deceased Sukhdeo. Avinash Chikane (PW3) who is the second eye witness was a close relative of PW1 Vikram and PW2 Dipak. Anil Mali (PW4) was a person who was from the Shivsena group in the village, of which group the deceased Sukhdeo was the leader.
7.The father of deceased Sukhdeo was Bhaskar. An agricultural land of Bhaskar was situated next to the land of one Kisan Sawant who was his son-in-law. In respect of the said land there was a boundary dispute between the family members of Bhaskar Chikane and Kisan Sawant. Another son of Bhaskar named Shirish had filed Regular Civil Suit No.204/93 against Kisan Sawant and one another seeking an injunction. The said suit had been filed on 30.4.1993. On 26.12.1996 the TILR had effected measurement in respect of the disputed areas which were the subject matter of the suit. The prosecution case was that in view of such disputes, there was bad blood and enmity between the deceased Sukhdeo on the one hand and the family members of Bhaskar including his sons. The record indicates that on 13.10.1997, deceased Sukhdeo had also filed a criminal case being Criminal case No.6253/97 in the Court of JMFC Barshi. The said case was filed against accused No.1 Sharad, accused No.3 Shashikant and one of their brother Dhananjay alleging commission of an offence under Sections 323, 504 & 34 of the IPC. The evidence indicates that such legal proceedings were pending in the Court when the incident, which is the subject matter of the present case, took place on 16.9.1999. On 16.9.1999, at about 9.30 A.M. deceased Sukhdeo alongwith (PW1) Vikram, (PW3) Avinash, (PW4) Anil Mali, Brahmadev Chikane, Babruvan Machale, Sopan Machale, Shridhar Machale, Nagnath Machale, Laxman Shinde and Gautam Chikane started from village Gulpoli in a jeep. They were proceeding to the Sub-Registrar office at village Vairag in order to execute a Sale deed by which one of them i.e. Brahmdeo Chikane was to purchase the land of one Sopan Machale, which land was situated at village Gulpoli. The jeep carrying the persons as aforesaid reached the Vairag Sub-Registrars office at about 12.00 noon. A Stamp vendor/Bond writer by name Kale scribed the sale deed and thereafter the sale deed was executed in the Sub-Registrars office. After the execution of the sale deed at about 1.30 P.M., the aforesaid persons came out of the Sub-Registrars office and reached upto their jee
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