Advocates:
['A P P', 'SONALI S GADHAVE', '', 'SHILPA C SIDAM']

cr.appeal 580.2008

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO.580 OF 2008

State of Maharashtra,

Police Station Babhulgaon.

. . . APPELLANT

...V E R S U S..

1.Rajesh s/o Dattuji Kumbhekar,

Aged about 20 years,

2. Dashrath s/o Dharma Debur,

Aged 21 years,

3.Shrawan s/o Dharma Debur,

Aged 19 years,

4.Ravi s/o Wasudeo Debur,

Aged 19 years,

5.Raju s/o Dharma Debur,

Aged 25 years,

6.Jitendra s/o Mahadeo Debur,

Aged about 24 years,

7.Mahadev s/o Udebhan Debur,

Aged about 50 years,

8.Vijay s/o Shankar Debur,

Aged about 28 years,

(As per Court’s Order

dtd. 07/09/18 R.no.8 is

deleted.)

9.Dharma s/o Suryabhan Debur,

Aged about 54 years.

All resident of Yawali, Tq.

Babhulgaon, Distt. Yavatmal.

. . . RESPONDENTS

cr.appeal 580.2008

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Shri S.S.Doifode, A.P.P. , for the appellant/State.

Ms. Sonali Saware (Gadhawe), Advocate for the respondent nos.1

to 4.

Shri Sumit Joshi, Advocate for the respondent nos.5 to 7 and 9.

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CORAM : Z. A. HAQ AND

AMIT B. BORKAR, JJ.

DATED : 26.11.2020.

JUDGMENT (PER : AMIT B. BORKAR, J.) :

1.

Through this appeal, the appellant - State of

Maharashtra, challenges the judgment and order passed by Adhoc

Additional Sessions Judge, Yavatmal, in Sessions Case No.113 of

2006 dated 14.05.2008, thereby acquitting all the respondents of

the offences punishable under Sections 147, 148, 302 and 307 read

with Section 149 of the Indian Penal Code and Section 37 (1)

punishable under Section 135 of the Bombay Police Act.

2.

In short, the prosecution case runs as under:-

F.I.R., dated 24.08.2006 filed by Informant - Mangala

(PW 1), who is the wife of Mahadev (deceased), contends that her

husband (deceased) was serving in M.S.R.T.C. Alongwith the

informant, parents of the informant and her two brothers namely

Dnyaneshwar and Bhayya were also residing. Brother-in-law of the

informant is running pan-stall, which is managed by one Sunil. On

cr.appeal 580.2008

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24.08.2006 at around 8.00 a.m. when the informant was in her

house, the accused nos.1 to 6 went to the said pan-stall, which is

situated in front of her house. Sunil was present at the pan-stall.

The accused nos.1 to 6 purchased pouches of gutkha and when

Sunil demanded the price of gutkha, accused nos.1 to 6 raised

quarrel with Sunil. Therefore, one Jitendra filed report in Police

Station in the name of Sunil.

3.

At about 3.00 p.m. on 24.08.2006 Mahadev - husband

of informant - Mangala (PW 1) returned to the house. When he

came to know about the incident happened at about 8.00 a.m., he

went to the place of the accused and asked why they raised quarrel

with Sunil and then returned home. Thereafter at about 4.00 p.m.

on 24.08.2006, all nine accused came in front of the house of the

informant and asked Mahadev (deceased) and Bhayya as to why

they had come to their house and abused. When Mahadev and

Bhayya came outside the house, the accused abused and assaulted

both of them using sticks. Accused no.2 - Dashrath assaulted

Mahadev by using the sword on his head and killed him and also

caused hurt to Bhayya.

4.

The complainant - Mangala (PW 1) filed F.I.R., at 5.00

p.m. on 24.08.2006, which was registered as Crime No.125/2006

cr.appeal 580.2008

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and the investigation started. On the same day, inquest, spot and

seizure panchanamas of simple earth, earth containing blood were

prepared and the dead body of Mahadev was referred to the

Medical Officer Dr.Sute (PW 10) for carrying out post-mortem. The

post-mortem report was prepared by Dr. Sute (PW 10), which was

collected by the Investigating Officer Shri Fulpagar (PW 11). The

Investigating Officer recorded statements of witnesses including

eye-witnesses on 25.08.2006 and 26.08.2006. The Investigating

Officer referred all the accused for m