KERAPPA NARAYAN BHUSE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Sessions Case No.47 of 1991 in all 42 accused faced trial for the offences punishable under Sections 147, 148, 149 of IPC and Sections 302, 307, 337 and 323 each read with Section 149 of IPC. The learned II Additional Sessions Judge at Solapur by his judgment and order dated 6/3/1992 was pleased to convict accused nos.1, 2, 4, 6 and 7 for the offences punishable under Sections 147 and 148 of IPC and Sections 302, 323, 427 and 452 each read with Section 149 of IPC and hence this appeal by the said five accused. During the pendency of this appeal one of the appellants i.e. Shri Sanjay Vishnu Bhuse (accused no.2) died on 3/3/2000 and, therefore, the appeal stands abated qua the said accused and it survives for accused nos.1, 4, 6 and 7.

(2.) The prosecution examined in all 27 witnesses and the defence examined three witnesses so as to establish that on the date of the incident the house of the complainant did not have power supply (DW 2), PW 13 " Janrdhan Gore had visited accused no.1 in the jail on 17/8/1991 and had told him that the accused were framed in a false case at the behest of Shri Apparao Shinde - Advocate and through the evidence of DW 3 station diary entries of the Control Room at Solapur recorded on 21/8/1990 were placed on record. The evidence of the prosecution, as recorded by the trial court, is under six different categories, namely, (a) motive, (b) medical opinion, (c) eye witnesses, (d) recovery of weapons, (e) availability of light in the Wada and (f) seizure of incriminating articles.

(3.) The main case of the prosecution is,