rpa 1/26 cri.appeal 810of1998.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.810 OF 1998

1)

Raju Vilas Waghmode

]

Age 21 years.

]

]

2)

Vilas Vyankat Waghmode

]

Age – 45 years

]

Both R/at.49/82, Hanuman Nagar,

]

Bhavani Peth, Solapur and

]

Both at present in Yervada Central Prison, ]

Pune.

].. Appellants

Versus

State of Maharashtra

.. Respondent

…...

Mr.Satyavrat Joshi i/b. Mr.Jaydeep D. Mane, Advocate for the

Appellants.

Mr.Y.Y. Dabake, APP for the Respondent – State.

…...

CORAM :

PRAKASH D. NAIK, J.

RESERVED ON : 01 SEPTEMBER, 2021.

LISTED FOR DIRECTIONS/HEARING : 29 APRIL 2022

DATE OF PRONOUNCEMENT : 22^nd NOVEMBER, 2022.

JUDGMENT :

This Appeal is preferred under Section 374 of Cr.P.C.,

challenging judgment and order dated 17^th October, 1998 passed by

DNYANESHWAR

ASHOK ETHAPE

Digitally signed

by

DNYANESHWAR

ASHOK ETHAPE

Date: 2022.11.23

14:43:47 +0530

rpa 2/26 cri.appeal 810of1998.doc

Sessions Judge, Solapur, in Sessions Case No.72 of 1998. The

appellants were convicted for the offence punishable under Section

304 Part II read with Section 34 of Indian Penal Code (“IPC”, for

short) and sentenced to suffer rigorous imprisonment for 10 years

and to pay fne of Rs.2,000/- each. Appellant No.1 was also convicted

for the offence under Section 324 of IPC, and, sentenced to suffer

imprisonment for one year.

2

The brief facts of the prosecution case are as under:

(i)

Accused nos.2 and 3 are parents of accused no.1. They were

residents of Hanuman Nagar, Bhawani Peth Solapur. Deceased

Raju Shinde was also resident of Hanuman Nagar, Bhawani

Peth, Solapur.

(ii)

P.W.2 Janabai is the mother of P.W.1 Anil Shinge is the son of

maternal aunt of deceased. P.W.3 Waman Jadhav and P.W.4

Gourishnkar Jaba are resident of Hanuman Nagar. Deceased

was worker of political party. Accused no.1 is conducting

grocery shop at his house. Deceased was on visiting terms with

accused.

rpa 3/26 cri.appeal 810of1998.doc

(iii)

One year prior to the incident, there was quarrel between

deceased and accused no.1. On 31^st December, 1997, the

deceased returned to his house at about 11:00 p.m. He went out

for buying lemon with the children. P.W.2 Janabai went in

search of deceased towards the shop of the accused. Minor

children of the deceased returned back and stated that their

father is being assaulted by the accused. Janabai and Anil

Shinge rushed towards the shop of the accused. They noticed

that deceased Raju Shinde was being assaulted by accused in

front of their shop by sticks. They also saw that accused no.1

went inside his house and returned back with a knife and gave

blow by that knife on left thigh of Raju Shinde. On account of

assault, he collapsed on the ground. P.W.1 Anil Shinge rushed to

intervene. Accused no.1 inficted injury by knife on right elbow

of P.W.1. P.W.3 and P.W.4 also witnessed the assault.

(iv)

P.W.1 left the spot and went to Samrat Police Chowky. P.W.6

head constable Gaigavali was present at the chowki. P.W.7 PSI

Mansawale was incharge of police chowki. He had gone out from

the police chowki for patrolling. Anil Shinge appeared before

head constable Gaigavali in an injured condition and informed

that he was assaulted by accused nos.1 to 3. He also intimated

that Raju Shinde was assaulted.

rpa 4/26 cri.appeal 810of1998.doc

(v)

Head constable Gaigavali prepared memo addressed to the Civil

Hospital and referred P.W.1 for treatment. Anil Shinge directly

went to the civil hospital. P.W.9 medical offcer was present at

the hospital. He examined injured and notice incise wound on

his forearm.

(vi)

Raju Shinde (deceased) was shifted to civil hospital. He was

declared dead. Janabai returned to Samart Chowk police chowki

to lodge the complaint with police. FIR was recorded. Accused

had ran away from the spot. House hold articles in the house of

the accused were found damaged. Mob of people from the area