Cri. Appeal No.420/2002

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.420 OF 2002

1.

Bhatu Motiram Pimpale,

Age 45 years, Occu. Agri.

2.

Kautik Motiram Pimpale,

Age 35 years, Occu. Agri.

Both R/o Navlane,

Tq. Dhule, District Dhule

3.

Bhaiyya Gulab Bachhav,

Age 30 years, Occu. Agri.,

R/o Karle, Tq. Sindkheda,

District Dhule

4.

Sau. Kamalbai Bhatu Pimpale,

Age 38 years, Occu. Household,

R/o Navlane, Taluka and

District Dhule

5.

Sau. Rekhabai Sanjay Nagmal

Age 21 years,Occu. Household,

R/o Anjanvihara, Tq. Sindkheda,

District Dhule

...

APPELLANTS

(Orig.Accused No.1 to 5)

VERSUS

The State of Maharashtra

Copy to be served on A.P.P.

High Court of Judicature fo

Bombay, Bench at Aurangabad

...

RESPONDENT

.....

Shri B.R. Warma, Advocate for appellants

Mrs. M.A. Deshpande, A.P.P. for respondent

.....

Cri. Appeal No.420/2002

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CORAM:

SUNIL K. KOTWAL, J.

Date of reserving judgment : 15th December, 2017

Date of pronouncing judgment : 22nd December, 2017

J U D G M E N T :

1.

This appeal is directed against the judgment and

order of conviction dated 4/7/2002, passed by Additional

Sessions Judge, Dhule in Sessions Case No.46/1997. The

appellants are original accused and respondent is State of

Maharashtra.

2.

Facts leading to institution of this appeal are that,

the accused Nos.1 to 5 were prosecuted for the offences

punishable under Sections 143, 147, 148, 302, 324, 504, 506

read with Section 149 of the Indian Penal Code. Prosecution

case in brief is that, the informant Nanda Vishnu Nagmal

(P.W.1) was the father-in-law of accused No.5 Rekha Sanjay

Nagmal. Informant Nanda used to reside at village

Anjanvihire along with his sons namely Sanjay, Niranjan,

Mahendra and Prabhakar. Prior to four years from the date of

incident, Sanjay Nagmal married accused No.5 Rekha.

However, accused No.5 and her husband Sanjay Nagmal

frequently quarreled as Sanjay was doubtful about character

Cri. Appeal No.420/2002

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of accused No.5 Rekha. 8 to 10 days before the occurrence,

Sanjay left the house of informant on account of quarrel with

accused No.5. So also, accused No.5 left her matrimonial

home and went to her maternal home at Karlegaon.

3.

On 1.10.1996, when informant Nanda Nagmal

(P.W.1) was passing by the village road, in front of house of

Jairam Patil at about 11.00 a.m., he met with accused No.1 to

5. That time, accused No.1 was holding Babhul log in his

hand. Accused No.1 requested the informant Nanda to come

to the house of informant. On refusal by informant (P.W.1),

accused No.1 to 4 inflicted wooden log blows on his head,

back and stomach. Thereafter, accused No.1 to 5 rushed

towards house of informant. By that time, Shanubai, wife of

Nanda Nagmal, Mahendra Nanda Nagmal and Prabhakar

Nanda Nagmal reached to their house as they were called by

Niranjan Nanda Nagmal from their agricultural land. All of

them were assaulted by accused persons by wooden log

blows.

Mahendra sustained head injury during the

occurrence.

Vishvas Tarachand Patil, Jagan Khandu,

Mahendra and other villagers rescued the informant and his

family members from the clutches of the accused persons.

When all accused were trying to run away from village

Anandvihire, that time villagers apprehended them.

Cri. Appeal No.420/2002

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Informant, his wife Shanubai and injured sons went to Police

Station Dondaicha. Police referred them to P.H.C., Dondaicha.

Dr. Balchand Jain (P.W.6) examined the injured Nanda

(P.W.1), Prabhakar (P.W.3), Mahendra (deceased) and

Shanubai (P.W.2) and issued medical certificates (Exhs.32 to

35). As Mahendra and Shanubai were seriously injured, they

were referred to Civil Hospital, Dhule for better treatment.

Dr. Prabhakar Jagtap, Medical of