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criappeal-700.2014.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.700 OF 2014

1.

Santosh Dattu Pawar

Age : 26 years, occ : nil

R/o Yeola Road, Behind

Mayureshwar Ganpati Temple,

Kopargaon, Dist. Ahmednagar.

2.

Dattu Baburao Pawar

Age : 56 years, occ : nil

R/o Yeola Road, Behind

Mayureshwar Ganpati Temple,

Kopargaon, Dist. Ahmednagar.

Appellants

Versus

The State of Maharashtra

Respondent

...

Mr. N.S. Ghanekar, Advocate for the appellants.

Mr. S.D. Ghayal, A.P.P. for respondent – State.

...

CORAM :

V.K. JADHAV AND

SANDIPKUMAR C. MORE, JJ.

Reserved on : 10-01-2022.

Pronounced on: 10-02-2022.

JUDGMENT (Per Sandipkumar C. More ) :

1.

This is an appeal by the appellants who are the

original accused, against the judgment and order passed in

Sessions Case No. 58/2013 dated 18.04.2014 by the learned

Additional Sessions Judge, Kopargaon (hereinafter referred to

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criappeal-700.2014.odt

as the “trial Court”). Under the impugned judgment, both the

appellants have been convicted for the offence punishable

under Section 302 read with Section 34 of the Indian Penal

Code (for short “I.P.C.”). Accordingly both of them are

sentenced to suffer imprisonment for life each and to pay fne

of Rs. 5,000/- each, in default to suffer rigorous

imprisonment for one year each.

2.

The appellants – accused are in jail since their

arrest made on 01.04.2013 in this crime.

3.

The story of the prosecution, in nutshell, is as

under :

Appellant No. 2 Dattu is the father of appellant

No.1 Santosh and both of them used to reside in the locality

behind Mayureshwar Ganpati Temple at Kopargaon. One

Vilas Balkrishna Bhoir i.e. the deceased in this case

alongwith his son Ganesh i.e. another deceased in this case,

used to reside in the same locality as that of the appellants.

The houses of the appellants and deceased persons were near

to each other. The appellants always used the lane aside the

house of Vilas Bhoir for urinating. On that count there were

frequent quarrels between the appellants and Vilas Bhoir. On

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criappeal-700.2014.odt

31.03.2013 at about 8.30 p.m. appellant No. 2 Dattu had gone

to the said lane behind the house of Vilas to pass urine.

However, Vilas obstructed appellant No. 2 and tried to

persuade appellant No. 2 for not to do so. On that count,

there was quarrel between them. At the relevant time,

Ganesh i.e. the son of Vilas had also come out of the house

and tried to persuade appellant No. 2 Dattu. However, Dattu

started abusing them. On hearing the said quarrel, appellant

No.1 Santosh i.e. the son of appellant No. 2 Dattu came out

from his house with an axe. Appellant No. 1 Santosh started

abusing Vilas and Ganesh and also assaulted Ganesh with

the help of the said axe. He gave blows of the said axe on the

head of Ganesh, and therefore, Ganesh fell down on the spot

being unconscious. Simultaneously appellant No. 2 Dattu

had also rushed to his house, brought sickle and gave blows

of that sickle on the head of Vilas. Due to those blows Vilas

sustained bleeding injuries on his head, and therefore, he

called his another son Kailas @ Pappu residing in Ambika

Nagar locality. Kailas then with the help of neighbours and

friends shifted Vilas and Ganesh in injured condition to

Kopargaon Rural Hospital. The Medical Offcer present in the

said hospital, after noticing the injuries being of serious

nature, asked them to shift Vilas and Ganesh to Saibaba

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Superspeciality Hospital, Shirdi immediately. Accordingly

both the injured were shifted to said hospital at Shirdi.

Meanwhile Kopargaon police had also got information of the

said incident through a memo received from the Medical

Offcer. As such, Police Inspector of Kopargaon Police Station

deputed A.P.I. Rahul Pawar to attend the hospital at Shirdi for

recording statements of both the injured persons.

4.

A.P