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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 587 OF 2014

1.

Sagar s/o. Vijay Kale,

Age: 28 Years, Occ: Nil.

2.

Vishal s/o. Ashok Kale,

Age: 31 Years, Occ: Nil.

R/o. : Suryanagar, Ahmednagar,

Dist. Ahmednagar. .. APPELLANTS

[Orig.Accused]

VERSUS

The State of Maharashtra,

Through : Police Officer,

Tofkhana Police Station,

Ahmednagar, Dist.Ahmednagar. .. RESPONDENTS

…

Mr.Z.H.Farooqui, Advocate holding for Mr.N.V.Gaware, Advocate for

the appellants.

Mr.G.O.Wattamwar, APP for the respondent-State.

…

CORAM : V. K. JADHAV AND

SHRIKANT D. KULKARNI, JJ.

DATE : 01.10.2021

ORAL JUDGMENT [Per V.K.Jadhav, J.] :

1]

This appeal is directed against the judgment and order of

conviction passed by the Additional Sessions Judge, Ahmednagar

dated 23.07.2014 in Sessions Case No. 217 of 2012.

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2]

Brief facts of the prosecution case, are as follows:

On 06.05.2011 at about 7.00 p.m. in front of Sheelavihar

Kekade Hospital at Ahmenagar, the appellants-accused nos. 1 and 3 in

furtherance of their common intention had committed murder by

causing death of deceased Popatrao Dalvi by assaulting him with fist

and kick blows. On the day of the incident at about 7.00 p.m., the

informant’s parental uncle, namely, Tarachand, had gone for a walk.

At that time the appellants – accused nos.1 and 3, along with accused

no.2 who has been acquitted by the trial Court, were quarreling with

each other when uncle - Tarachand was passing near from them.

However, due to the presence of uncle -Tarachand and since he

witnessed the said quarrel, the accused got annoyed. They had

questioned Tarachand as to why he was looking at them. Even the

accused persons had abused uncle - Tarachand. Thereupon uncle

Tarachand gave a call to his son, namely, Sachin - PW-3 and disclosed

him that the accused were abusing him for no reason. Afterwards,

when uncle Tarachand had started proceeding towards shop, all the

accused had followed him and came in front of his cycle shop.

Accused had started assaulting uncle Tarachand, so also, PW-3 Sachin

by fist and kick blows. Consequently, uncle Tarachand and PW-3

Sachin had raised shouts. Thus, PW-1 Abhijit i.e. the informant, his

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father deceased Popatrao Dalvi and his cousin brother - Ajay went

there to separate the quarrel. As per the prosecution story, the

accused persons had assaulted deceased Popatrao with fist and kick

blows on his chest and private parts and in consequence thereof,

deceased had fallen down on the ground. He was immediately taken

to Nobel Hospital, Ahmednagar. All the accused fled away from the

spot. Thereafter, the Doctor referred deceased Popatrao to the Civil

Hospital, Ahmednagar, where, on medical examination of deceased

Popatrao, the Medical Officer declared him as dead.

3]

On the basis of the complaint lodged by PW-1 Abhijit

[Exh.24], Crime No.158/2011 came to be registered for the offences

punishable under Sections 302, 323, 504 and 506 r.w. 34 of the IPC

on 06.05.2011 at about 9.35 p.m. PW-9 API Vishal Valvi has carried

out investigation into crime. He has drawn inquest panchanama

(Exh.34) in presence of two panch witnesses and also drawn spot

panchanama (Exh.39) in presence of two panch witnesses. He has

arrested accused nos.1 and 2 and seized a motorcycle from their

custody under seizure panchanama (Exh.36). He has also seized the

clothes on the person of deceased Popatrao under seizure

panchanama (Exh.37). On completion of the investigation, PW-9 API

Valvi has submitted the charge sheet.

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4]

Learned Additional Sessions Judge, Ahmednagar, has

framed the charge vide Exhibit-14 against all accused persons for the

offence punishable under Section 302 r/w.