The court's rationale demonstrated that inconsistencies in dying declarations and the absence of corroborative eyewitness testimony create reasonable doubt, leading to acquittal of one accused and conviction of others for grievous hurt.

JUDGMENT :

1. The appeal is filed against judgment and order passed by the 4th Additional Sessions Judge, Jalagaon delivered in Sessions Case No. 238/1998. The appellants are convicted and sentenced for offence punishable under section 325 r/w. 34 of I.P.C. Both the sides are heard.

2. The deceased Pandit Fulsing Gaikwad was a resident of village Lavanje, Tahsil Chalisgaon. The appellants are also residents of same village. Appellant Nos. 1 to 3 are real brothers inter-se. The deceased was a labour contractor and he was supplying labour to the person from Gujrat State. Appellant Amin is also a labour contractor and he was also supplying labour to the persons from Gujrat State. Due to the competition in this business, the relations between the appellants and deceased were strained.

3. The incident took place on 16.8.1998 at about 7.30 p.m. near S.T. stand of village Lavanje. The deceased had just alighted from bus at the stand and he was returning to home. The appellants and two more persons intercepted the deceased and Amin picked up quarrel with the deceased. During quarrel the deceased was assaulted by using iron bar, chain and sticks. Bleeding injuries were caused to the deceased on his head, abdomen and legs. The incident took place near the house of one Tarabai Wagh and she shouted for help. Within no time, the relatives of deceased, who include Walmik Wagh came to the spot. The assailants then ran away.

4. Deelip and Walmik, two sons of deceased took the deceased first to police station for giving report. Police advised Deelip and Walmik to shift their father for treatment and so, he was shifted to Municipal Hospital, Chalisgaon. Rathod, the Head Constable, who was attached to Chalisgaon Police Station, recorded the statement of Pandit Gaikwad, the deceased, in the hospital in the early hours of 17.8.1998. The Municipal Hospital advised the relatives of Pandit to shift him to Civil Hospital and so Pandit was shifted to Civil Hospital, Dhule. On the basis of the statement recorded by Rathod in Municipal Hospital the crime came to be registered in Chalisgaon Police Station at C.R. No. 177/1998 against the appellants.

5. In Civil Hopsital, Dhule the police from Dhule got the statement of Pandit recorded through Executive Magistrate. In the statement, Pandit took the names of appellant Nos. 1 to 3 and two more persons like Umar Babu and Isha Babu. Pundit succumbed to injuries on 21.8.1998. P.M. was conducted on the dead body of Pandit after preparing enquest.

6. During the course of investigation, panchanama of the spot, where the incident took place, was prepared in the presence of panch witnesses. The appellants came to be arrested. Police could not trace out Umer Babu and Isha Babu. On the basis of statements given by the appellants, weapons came to be recovered. The clothes of appellant Nos. 1 to 3 were also taken over. They were having blood stains. Statements of Walmik and other eye witnesses came to be recorded. The clothes of the deceased, clothes of the accused and weapons came to be forwarded to C.A. Office. After completion of investigation, chargesheet came to be filed for offence punishable under sections 302, 307, 326 r/w. 34 of I.P.C. In due course, the Magistrate committed the case to the Court of Sessions. The charge came to be framed for offence under section 302 r/w. 34 of I.P.C. On the basis of the evidence given by the prosecution, the Trial Court has held the appellants guilty for offence punishable under section 325 r/w. 34 of I.P.C. The Trial Court has acquitted the appellants of the off