A.I.S. Cheema, J.

1. Appellant-original accused No. 1 Arun Jagtap (hereinafter referred to as accused), who is in jail was tried along with accused No. 2 Ratan Jagtap and accused No. 3 Rahul Suradkar in Sessions Case No. 148 of 2011 before the Sessions Judge, Jalna for offence under Sections 307, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC for short). Only the appellant came to be convicted and only under Section 307 of IPC and he has been sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 10 Lakhs and in default, to suffer rigorous imprisonment for three years. The Sessions Court directed that, on depositing of fine by the accused or after recovering it, the same be paid to the victim Gangadhar Limbaji Pagare (P.W.2) as compensation under Section 357(1) of the Code of Criminal Procedure, 1973 (Cr. P.C. for short). Thus, this appeal.

2. The case of prosecution in short is as follows:-

(a) On 26.4.2011, P.W.1 Sanjay Limbaji Pagare, (hereafter referred as complainant) resident of Relgaon, Taluka Bhokardan, brother of victim Gangadhar, filed F.I.R. with Police Station Bhokardan, District Jalna, informing that, on 24.4.2011, his brother Gangadhar (victim) had gone for a marriage with marriage party from the village to Bhopalzari, Taluka Jafrabad. At that place, in the marriage procession, victim had asked the procession to move faster as it was time of marriage. At that time, Arun Jagtap (accused No. 1), Ratan Jagtap (accused No. 2) and Rahul Suradkar (accused No. 3) told him that he has become very wise and they will show him after returning to the village. On the same day, the victim returned with the marriage party and told the incident to complainant. In the evening at about 8.00-8.30 P.M. the victim was sitting on the Ota of the Statue of Dr. Babasaheb Ambedkar. The complainant was standing near him. At that time, the marriage party returned. From the marriage party, the accused Arun, Ratan and Rahul went to the house of accused No. 2 Ratan and then came near the victim. At that time, the complainant asked accused No. 1 Arun as to why he spoke against the victim at the time of marriage. At that time, accused No. 1 Arun threw chilly powder on the face of the victim and the complainant and abused them as to who are they to speak. Accused No. 1 Arun took tommy (iron rod) from the vehicle and hit the victim on his head. The complainant was given slaps and fist blows by the accused Nos. 2 and 3 and he was threatened. One Amol Suradkar and Kishor Suradkar intervened in the quarrel and complainant took victim Gangadhar to Bhokardan Government Hospital and the doctor there, after giving first aid, for further treatment, referred him to Ghati Hospital, Aurangabad where the victim was admitted. Complainant explained in the F.I.R. that as he was with the victim, there was delay in filing of the F.I.R.

(b) The F.I.R. with the contents as above came to be registered by P.S.O. Shaikh Talib Musa (P.W.8). Head Constable Daulat Landge (P.W.12) then investigated the offence. He recorded the spot panchanama (Exh. 52) and also recorded the statements of witnesses. The accused could not be traced on 26.4.2011 and came to be arrested on 28.4.2011. After arresting the accused persons, the iron rod (Article No. 4) was seized from accused No. 1 vide panchanama (Exh. 53). The Head Constable seized blood stained clothes of victim Gangadhar on 29.4.2011 vide panchanama (Exh. 37). The further investigation was done by P.S.I. Shaikh Shahnoor (P.W.9). From the Ghati Hospital, Aurangabad, the victim had been shifted to Sassoon Hospital, Pune. The documents from Sassoon Hospital, Pune were received by P.W.9 P.S.I. Shaikh Shahnoor and looking to the documents, Section 307 of IPC came to be added in the matter. As P.S.I. Shaikh Shahnoor came to be transferred, the investigation was taken over by P.S.I. Ramchandra Jadhav (P.W.11). The seized articles were sent by him to Chemical Analyser on 10.7.2011