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In the High Court of Bombay at Aurangabad
NARESH H. PATIL & A.I.S. CHEEMA, JJ.
Amol Dada Hivrale & Others
Versus
The State of Maharashtra & Another
Criminal Appeal Nos. 264 of 2011 & 359 of 2011
Decided On : 09-07-2013
Murder - Criminal Appeal - Indian Penal Code, 1860 - Section 302, 307, 34 - The court convicted accused nos. 1, 3, and 4 for the murder of Bharat Dhokne and attempting to murder Sachin Dhokne. Accused nos. 2 and 5 were acquitted. The judgment was upheld on appeal.
Fact of the Case:
The accused were convicted under Section 302 read with 34 of the Indian Penal Code for the murder of Bharat Dhokne and attempting to murder Sachin Dhokne. The incident occurred following a previous altercation between the accused and the victims. The victims sustained grievous injuries, leading to the death of Bharat Dhokne and severe injuries to Sachin Dhokne. The accused were tried and convicted by the trial court.
Finding of the Court:
The court found that the accused nos. 1, 3, and 4 were guilty of murder and attempted murder, while accused nos. 2 and 5 were acquitted. The court upheld the conviction and sentence of the accused persons, dismissing the appeals.
Issues: The issues included the motive for the incident, the nature of the injuries sustained by the victims, the role of each accused, and the applicability of various sections of the Indian Penal Code.
Ratio Decidendi: The court considered the evidence, including medical reports, witness testimony, and the sequence of events, to determine the guilt of the accused. The court also assessed the applicability of different sections of the Indian Penal Code to the actions of the accused.
Final Decision: The court upheld the conviction and sentence of accused nos. 1, 3, and 4 for murder and attempted murder, while acquitting accused nos. 2 and 5. The appeals were dismissed.
A.I.S. Cheema, J.
1. Criminal Appeal No. 264/2011 is by original accused No.4 Amol Dada Hivrale while Criminal Appeal No. 359/2011 is by original accused No.1 Nilesh Abhiman Gaikwad and accused No.3 Anil Gulab Yashwante. These accused along with original accused No.2 Mahindra Jagannath Salvi and original accused No.5 Sandip Uttam Bhivsane were tried before Additional District and Sessions Judge, Shrirampur in Sessions Case No. 55/2009. The appellants – accused have been convicted under Section 302 read with 34 of the Indian Penal Code, 1860 (“IPC” in brief) for committing murder of one Bharat Sahebrao Dhokne and sentenced to suffer imprisonment for life. They have also been convicted for attempting to commit murder of complainant Sachin Ashok Dhokne and under Section 307 read with 34 of IPC, they have been sentenced to suffer rigorous imprisonment for seven years. Under both sections they have also been imposed fine and sentence to be suffered in default. All the accused came to be acquitted for offences punishable under Section 323, 504 read with 34 of IPC. Accused No.2 Mahindra and accused No.5 Sandip were acquitted of offences punishable under Section 302, 307 read with 34 of the IPC. Trial Court directed payment of compensation of Rs.5,000/-to complainant – injured Sachin Ashok Dhokne from the fine. Thus, these appeals by three accused who came to be convicted.
2. Case of the prosecution in brief can be stated to be as under :
(a) Complainant Sachin Ashok Dhokne and deceased Bharat Sahebrao Dhokne were residing at Siddharthnagar, Ward No.1 Shrirampur. Accused Nilesh Gaikwad was also residing in the same locality. On 07.08.2009 at about 8.00 to 8.30 p.m. Accused Nilesh Gaikwad had abused father of Sachin Dhokne in Siddharthnagar Square. Bharat Dhokne is uncle of complainant Sachin. Both of them went to the house of accused No.1 Nilesh and asked him why he had abused Ashok Dhokne (the father of Sachin). In exchange of words, Bharat Dhokne slapped accused no.1 Nilesh Gaikwad and Sachin and Bharat came back. After some time, accused No.1 Nilesh Gaikwad along-with 34 other persons went to the house of complainant Sachin. At that time, the matter came to be resolved.
(b) The incident relating to present matter is of 08.08.2009. On that day, at about 2 p.m. complainant Sachin Ashok Dhokne along-with his uncle Bharat Dhokne had gone near Bharat Gas Agency at Shrirampur. The place is on Shrirampur – Newasa road. They had gone to the place, as near Bharat Gas Agency they had given mobile for repair, which was belonging to Bharat Dhokne. At such time, accused No.1 Nilesh Gaikwad, Accused No.3 Anil Yeshwante and accused No.4 – Amol Hivrale assaulted Bharat Dhokne. Accused Nilesh gave blow by chopper and accused Anil Yeshwante gave blow by sword on the neck of Bharat Dhokne. At such time, accused Amol kept holding complainant Sachin. When Sachin was trying to escape from clutches of accused Amol Hivrale, the accused Anil Yeshwante gave blow by sword on the head of Sachin. Accused No.2 Mahindra reached the spot on motorcycle and gave first blows to the chest of Sachin. All accused then ran away on motorcycle. Bharat Dhokne had fallen on the ground on the spot with grievous injuries. Sachin had also sustained grievous injuries. He ran to his house and informed his family. Family members of Bharat Dhokne went to the spot and took him to Sakhar Kamgar Hospital. Sachin Dhokne was taken to the hospital by one Dnyneshwar Magar. At Sakhar Kamgar Hospital, Bharat Dhokne was declared dead and Sachin filed the F.I.R. while he was admitted in Sakhar Kamgar Hospital which was forwarded to Shrirampur City Police Station and crime No. 243/2009 under Section 302, 307, 323, 504 read with 34 of IPC and under Section 4 read with 25 of Arms Act came to be registered. Inquest panchanama was drawn and the postmortem was conducted on the same day. Spot panchanama was prepared and from the spot rexine cover of the chopper and two pairs of footwear
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