Point of Law: In a criminal trial, purpose of examining the accused under section 313 of Code of Criminal Procedure, 1973 is to give him an opportunity to explain allegations against him, to understand as to whether he had followed the case of the prosecution against him and it is necessary to put every incriminating circumstances to accused.

JUDGMENT :

Sadhana S. Jadhav, J.

1. The appellants herein are convicted for the offence punishable under section 120B, 302 read with section 34 of the Indian Penal Code and sentenced to suffer R.I. for the period of 3 years each for offence punishable under section 120B of the Indian Penal Code and further sentenced to suffer Imprisonment for Life and to pay fine of Rs. 10,000/- each I.d. to suffer R.I. for two years for offence punishable under section 302 read with section 34 of the Indian Penal Code, by Sessions Judge, Solapur in Sessions Case No. 164 of 2011 vide Judgment and Order dated 8/5/2014. Hence, these appeals.

2. Such of the facts necessary for the decision of these appeals are as follows :

(i) On 17/2/2011 at about 14.10 hours (2.10 p.m.) one Swapnil @ Dayanand son of Bajrang Dhavane (P.W. 2) lodged a report at Mohol Police Station alleging therein that on 16/2/2011 he was accompanying his father to Diksal village on their Hero Honda Splender Motor Cycle No. MH-13-AM-6769. His father Bajrang was working as Secretary in Solapur District Secondary School Teachers and Employees Credit Society at Bale, Solapur. On the way, they have stopped to give list of grocery articles to shopkeeper. When they had crossed village Karamba, his father had received a phone call. On the way at about 12.30 p.m., two unknown persons on motorcycle apprehended them. His father was directed to halt the motorcycle by the pillion rider. When they stopped, the said pillion rider asked his father the name of the village from which he hails and suddenly mounted assault upon his father with knife and assaulted him on left and right side of his chest, right shoulder and forearm. The said person was wearing sky blue shirt and white pant. Thereafter, both the accused fled on the Pulsor motorcycle.

(ii) Thereafter, he had taken his father in a State Transport bus to Solapur. He was assisted by one Shaukat Shaikh and Mainabai for boarding the bus. In a private jeep, he has taken his injured father to Ganga Hospital. Thereafter, Laxman Yadav, Shashank Dhavane, his mother Minabai, Mukund Dhavane, Govind Patil had reached the hospital and then he had retired for home.

(iii) On 17/2/2011 at about 7 a.m. he learnt that his father has succumbed to the injuries in hospital. Thereafter, he had returned to village Diksal and after funeral had approached the police station on the next day and lodged the report against unidentified person. He had disclosed his ability to identify the accused in the eventuality of being shown to him.

(iv) On the basis of the said report, Crime No. 67 of 2011 was registered at Mohol Police Station. Accused No. 3 was arrested on 17/5/2011 and the other accused were arrested on 20/2/2011. After completion of investigation, charge-sheet is filed on 19/5/2011. Accused No. 2 was arrested on 11/12/2011 as per the charge-sheet.

3. At the trial, the prosecution has examined 12 witnesses to bring home guilt of the accused. It is the case of the prosecution that the original accused Nos. 3, 4, 5 and 6 had conspired to eliminate Bajrang Dhavane. That the accused Nos. 1 and 2 had assaulted him on the spot.

DIRECT EVIDENCE

4. The prosecution case mainly rests upon the direct evidence of P.W. 2 Swapnil @ Dayanand Dhavane, son of the deceased. According to him, distance between Bale and Diksal is 28 km. P.W. 2 was studying in 10th standard at the time of occurrence of the incident. He has deposed before the Court in consonance with his FIR. P.W. 2 has further stated that his father was having a cell phone with registration No. 9822651692 and Idea cellular is his service provider. He has stated that the accused No. 2 had caught his father by the collar and assaulted him on the left and right side of the chest. According to him, accused was in the age group of 25 to 30 years. The witness was allowed to leave the witness box and see faces of accused before the court. At that stage, he had pointed towards Prakash Shinde. He has also identified the driver of