The credibility of injured witnesses, the specific defenses presented by the accused, and the medical evidence were crucial in establishing the guilt of the accused.

B.P. Dharmadhikari, J.

The original accused No. 4 – Nashik Ramhari Gawande has filed Criminal Appeal No. 44 of 2015 while Criminal Appeal No. 45 of 2014 is filed by four accused i.e. Accused Nos. 1, 3, 5 & 7. They challenge the judgment dated 10.01.2014 delivered by the Additional Sessions Judge, Darwha, in Session Trial No. 4 of 2008.

2. Accused No. 1 – Siddharth Shamrao Dhoke, accused No. 3 – Ravindra Shamrao Dhoke, Accused No. 4 – Nashik Ramhari Gawande, Accused No. 5 – Vijay Shamrao Dhoke and Accused No. 7 – Amol @ Yash Siddharth Dhoke, are found guilty of offences punishable under Sections 302, 147 and 324 read with Section 34 of the Indian Penal Code and sentenced to suffer various punishments including life imprisonment. Accused No. 2 – Nandu Narayan Dhoke and Accused No. 6 – Ashwadeep Narayan Dhoke, are acquitted of all offences. Similarly, all accused are acquitted of offences punishable under Sections 452, 307, 325 and 504 of the Indian Penal Code as also Section 135 of the Bombay Police Act.

3. According to prosecution story, the incident has taken place on 10.09.2007 between 6.00 and 6.30 PM. The informant is one Ragho Domaji Muneshwar. He lodged report that his cousin – Milind Gomaji Muneshwar went in front of the house of Accused No. 4 – Nashik to cut and bring leaves and branches of peepal tree required for traditional day of Pola i.e. the day on which bullocks are worshiped. After taking permission of Nashik, he climbed on the tree and cut leaves and branches. Accused No. 4 – Nashik noticed that Milind cut leaves and branches in excess and hence he pelted stones on Milind. When he got down, Nashik slapped him. Quarrel began and people gathered. Ragho also went there. He took both of them to the Police Patil – Bhaurao Vishwanth Mane and pacified them. The quarrel then ended. Police Patil advised Ragho to apologize to Nashik.

4. In the evening, Pola festival was held and between 6.00 PM and 6.30 PM, Milind came to the house of Ragho for dinner. Somebody informed Milind that he had a phone call from his brother. Milind, therefore, went to attend phone call towards Hanuman Temple. As Ragho heard commotion in loud voice, he followed Milind with a view to intervene in quarrel. Quarrel was between Milind and the accused persons. They assaulted Milind by axe and sticks. Milind sustained injuries on head and neck. Wife of Ragho viz. Ahilya and daughter Sukrita (also mentioned as Shukrita or Suprita on record) came there. Gomaji, father of Milind also came there. Accused Siddharth, Vijay, Ravindra, Yash, Nashik, Nandu and Ashwadeep were having sticks and axes. They started abusing Ahilyabai and assaulting all of them. Ragho, Ahilyabai, Shukrita and Gomaji sustained injuries. Milind was lying in a pool of blood near Hanuman temple. Dhanpal Patil and Sachin Manwar came there. They lifted Milind and took him to his house. Thereafter Milind and Ragho were taken in bullock cart towards Darwha for Medical assistance. Ahilya and Gomaji joined them. On auto-rickshaw of Gajanan Ratne they came to Darwha Police Station. Ragho lodged report and they were referred to hospital for treatment.

5. As injuries suffered by Milind and informant were found serious, they were referred to Government Hospital, Yavatmal. Dhanpal Patil and Sachin Manwar took them to Yavatmal where they were immediately referred to Hospital at Nagpur. Milind died at Nagpur at 5.45 AM on 11.9.2007.

6. We have heard Shri Bute, learned counsel for the Accused – Nashik in Criminal Appeal No. 44 of 2015 and Shri A.S. Manohar, learned counsel for the four accused in Criminal Appeal No. 45 of 2015 and Shri R.S. Nayak, learned APP counsel for the respondent – State in both the appeals.

7. There are total four eye witnesses. They are PW4 – Ragho, PW5 – Gomaji, PW9 – Ahilyabai and PW12 – Shukrita. Apart from them, there is evidence of PW13 – Dhanpal Patil, who carried injured to the hospital. The parties state that the evidence of Investigating Officers PW19 – Sudhakar