IMPORTANT POINTS
Medical evidence is only an opinion lending support to direct evidence and is not conclusive.
Evidence of witnesses cannot be brushed aside for minor contradictions

JUDGMENT

R.K. Agrawal, J.

1) The above appeals have been filed against the common judgment and order dated 11.01.2011 passed by the High Court of Judicature of Bombay, Bench at Aurangabad, in Criminal Appeal Nos. 246 and 250 of 2009 whereby the Division Bench of the High Court confirmed the order of conviction and sentence dated 09.04.2009 passed by the Court of Sessions, Ahmednagar in Sessions Case No. 88 of 2008 for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 and Section 326 read with Section 149 of the Indian Penal Code, 1860 (in short ‘the IPC’).

2) Brief facts:

(a) It is the case of the prosecution that on the fateful evening of 31.01.2008, Ravindra Kale (since deceased) was beaten to death by the appellants herein and others, who were 12 (twelve) in numbers and were armed with swords and iron pipes, owing to a long standing dispute between the deceased and the accused persons.

(b) Shaila Kale (PW-12) – wife of the deceased, filed a complaint with regard to the alleged crime which got registered as Crime No. 14 of 2008 against the accused persons. After investigation, the charges were framed and the case was committed to the Court of Sessions and numbered as Sessions Case No. 88 of 2008.

(c) Vide judgment and order dated 09.04.2009, the Court of Sessions, Ahmednagar, convicted the appellants herein, viz., Pandurang Shridhar Wadane and Sanjay Khanderao Wadane along with others under Sections 143, 147, 148, 302 read with Section 149, Section 326 read with Section 149 of the IPC and sentenced to rigorous imprisonment (RI) for life along with fine.

(d) Aggrieved by the judgment and order dated 09.04.2009, the appellants herein, along with others, preferred Criminal Appeal Nos. 246 and 250 of 2009 before the High Court. A Division Bench of the High Court, vide common judgment and order dated 11.01.2011, confirmed the order of conviction and sentence passed by the Court of Sessions against the appellants herein.

(e) Being aggrieved by the order dated 11.01.2011, the appellants have preferred these appeals by way of special leave before this Court.

3) Heard learned counsel for both the sides and perused the records.

4) The alleged incident is said to have occurred on 31.01.2008 at about 5:00 p.m. There was some dispute between the deceased and the accused persons and earlier also there were incidents of scuffle between the parties. On the date of the incident, the deceased was standing in front of a tea stall in his village. Anil Kale (PW-5), brother of the deceased was also present there. Suddenly, the appellants herein, along with other accused persons, came to the spot in a car and 2 motorcycles. The car gave a hit to the deceased due to which he fell down. Immediately thereafter, the accused persons, along with others, started beating him with swords and iron pipes. Anil Kale (PW-5), who was present at the spot and is an eye-witness to the incident, immediately rushed to call the wife of the deceased who was working nearby. When the wife of the deceased reached the spot, she also witnessed that the accused persons, along with others, were beating her husband. Sunil Raosaheb Kale (PW-8), Devdas Magar and Shridhar Salve were also present at the spot and also sustained injuries while rescuing the deceased. The information of the said incident was given by Anil Kale to the police over phone and the deceased was shifted to the Hospital where he was declared brought dead. The charges were framed against the accused persons under various Sections of the IPC including Section 302 read with Section 149 and were later on confirmed by the Sessions Court and the High Court against them. Since a common question of law has arisen in these appeals, the same will be disposed of by way of this common judgment.

5) For a better appreciation of the matter, it is pertinent to throw light upon the versions of the prosecution witnesses. Since in the present set of appeals only the appellants herein are before us