- (1.) This appeal takes an exception to the judgment in Sessions Case No. 30 of 1991 delivered on 22nd December, 1995, by the 3rd Additional Sessions Judge, Kolhapur. By the said judgment, the Appellant Nos. 1 & 2 stand convicted for the offences punishable under Sections 302, 326 and 324 read with 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000/- each; in default simple imprisonment for three months, on the first count and rigorous imprisonment for two years and to pay fine of Rs. 1,000/- each; in default to undergo simple imprisonment for three months each on the second and the third counts. By this appeal, the appellants are questioning the correctness of the judgment. The facts as necessary, for deciding this appeal are, as follows:- P.W. No. 2 Mehboob K. Mujawar is the father of the deceased Mohammed Hussain; whereas P.W. 1 Shaukat, is the nephew of P.W. 2. The appellants are the sons of P.W. 2 Mehboob's step brother Kasim. On account of dispute relating to land belonging to village dargah, the relations between P.W. 2 Mehboob and his family were strained with the appellants' family
(2.) On the day of the incident i.e. on 2nd September, 1990 at about 7.30 p.m. when P.W. 2 Mehboob Mujawar was in the house alongwith his son Mohammed Hussain, his wife P.W. 3 Momunbi (Exhibit 18) and the daughter-in-law P.W. 6 Ulfat (Exhibit 21), the appellants, alongwith acquitted accused No. 1 Rasul, came to their house, armed with axe and sticks. They started raising quarrel and giving abuses in filthy language. They dragged Mohammed Hussain, out of the house. He was assaulted on his head with an axe by appellant No. 2 Nizam; whereas the appellant No. 1 Maqbool assaulted P.W. 2 Mehboob K. Mujawar and P.W. 3 Momunbi with stick. Due to the assault P.W. 2 Mehboob sustained fracture on his hand: whereas Mohammed Hussain and P.W. 3 Momunbi sustained bleeding head injury. After committing the assault, the appellants, alongwith acquitted accused No. 1 Rasul, ran away from the spot. P.W. 6 Ulfat, with the help of P.W. 2 Mehboob and P.W. 3 Momunbi removed the axe which was embedded in the head of Mohammed Hussain. P.W. 6 Ulfat kept that blood stained axe in her house. Mohammed Hussain was then taken to the hospital, whereas injured P.W. 2 Mehboob alongwith P.W. 1 Shaukat, who had rushed there after seeing the incident, went to the police station.
(3.) P.W. 10 Police Inspector Patil recorded complaint (Exhibit 16) of P.W. 1 Shaukat and registered C.R. No. 124 of 1990. During the course of investigation, he made the spot panchnama (Exhibit 51), drew the scene of offence map (Exhibit 53) and seized the axe produced by P.W. 6 Ulfat from her house under panchnama (Exhibit 10). As a part of further investigation, he seized the clothes of both the appellants. Then he recorded statements of witnesses. On 27.11.1990 on account of his transfer, further investigation was handed over to P.W. 11 Police Sub-Inspector Jadhav. He sent the seized Muddemal articles to Chemical Analyzer and after completion of the investigation and the arrest of accused, he filed chargesheet in the Court against all the three accused on 17.12.1990.;