Judgement Key Points

JUDGMENT - VISHNU SAHAI, J.:---Since both these appeals arise out of same set of facts and a common impugned Judgment, we are disposing them off by one Judgment.

Through these appeals, the appellants challenge the Judgement and Order dated 2-8-1995 passed by the Additional Sessions Judge, Pune, in Sessions Case No. 206 of 1995, convicting and sentencing them in the manner stated hereinafter

(i) Under section 302 r/w 34 r/w 149 I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 100/- each in default of payment of fine to undergo 3 months R.I.;

(ii) Under section 148 I.P.C. to undergo one year R.I.;

(iii) Under section 4 r/w section 25 of the Arms Act to undergo 3 months R.I.

The substantive sentences of the appellants have been ordered to run concurrently.

2. In short, the prosecution case runs as under :-

There was enmity between the deceased Naubatsing and the appellant Jaysing @ Gangawa Mesraj Kharariya because the latter had a feeling that the former had got his brother Raju externed. On 9-11-1994, at about 3 p.m. on the cycle of P.W. 13 Suresh Ghavri; the deceased was returning from Elpro Company and about the said time when he had reached near the field of Machindra Gawade on the Pimpri - Chinchwad Link Road, the appellants along with juvenile offender Munis alias Dhassu emerged. The appellant - Jaysing @ Gangawa asked the deceased to stop. He reprimanded him for getting his brother externed and thereafter, took out chilly powder and threw it towards the eyes of the deceased and Suresh Ghavri. Thereafter, appellant Jaysing inflicted a sword blow on Naubatsing. At that juncture, Suresh Ghavri got frightened and started running towards Patryachi Chawl. In the meantime, Jagbir Nathilal Walmiki alias Netaji P.W. 12 and Ajay Madhukar Sonawane P.W. 7 reached there.

Evidence of Ajay is that he found Naubatsing lying down on the ground and the appellants along with Munis alias Dhassu assaulting him with swords. His evidence also shows that Netaji asked the appellant Gangawa as to why he was beating the deceased and thereafter the appellants and Munis ran away.

Thereafter, Ajay Sonawane P.W. 7 who had a pan stall at a distance of 5000 feet from the place of the incident came back to his pan stall and Netaji asked Anokhelal P.W. 5 who along with Kalicharan on a scooter was also returning from Elpro Company where the two of them were employed to inform the police. Pursuant to that, Anokhelal went and informed the police.

3. It appears from the evidence that thereafter Netaji proceeded to the house of Naubatsing and informed his brother Subhash Walmiki P.W. 6 about the assault on him. On that information, Subhash Walmiki P.W. 6 went to the place of the incident where he found his brother Naubatsing lying. In the meantime, Subhash's sister-in-law (wife of Naubatsing) also arrived there and thereafter, the two of them took Naubatsing to Lokmanya Hospital where the doctors pronounced him dead.

Evidence of Subhash Walmiki P.W. 6 also shows that at the said hospital, police came and recorded his F.I.R. From the record, it appears that Subhash Walmiki's F.I.R. was recorded at about 6.30 p.m. the same evening by P.I. Sopan Jamdade P.W. 15.

4. The autopsy on the corpse of Naubatsing was conducted on 10-11-1994 between 9 a.m. to 11 a.m. by Dr. Pramod Godbole P.W. 8 who found on it, in all 27 ante - mortem injuries, their break - up being thus : 19 incised wounds, 4 linear abrasions, 1 abrasion, 2 contusions, 2 injuries out of which one has been described as fracture of base on skull and the other as peeling of skin.

On internal examination, the doctor found massive internal damage which involved the fracture of the head bones and fractures pertaining to practically all vital bones of body. In the opinion of Dr. Godbole, the deceased died on account of shock and haemorrage from multiple injuries coupled with internal injuries to the brain.

5. The case was investigated in the usual manner by P.I. Jamdade P.W. 15. During the course of

Click Here to Read the rest of this document