SUNIL K.KOTWAL, J. -
(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 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.
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 officer, Civil Hospital, Dhule (P.W.10) examined them and issued injury certificates (Exhs.50 to 52). Police Inspector Shashikant Rajhans (P.W.9) obtained F.I.R. Exh.23 from informant Nanda Nagmal at Cottage Hospital, Dondaicha. On the basis of that F.I.R., offences came to be registered under Sections 143, 147, 148, 307, 324, 504, 506 read with Section 149 of the Indian Penal Code. During investigation, he seized three wooden logs as weapons of the offence. By that time, injured Mahendra Nanda Nagmal succumbed to his injuries at Civil Hospital, Dhule on 2.10.1996. Therefore, offence under Section 302 of the Indian Penal Code was registered against the accused persons. Dr. Avinash Ruikar (P.W.5) performed autopsy examination on the dead body of Mahendra Nagmal and issued post mortem notes (Exh.30). By that time, the apprehended accused Nos.1 to 5 were handed over to police by villagers and they were arrested and their blood stained clothes were seized by investigating officer under seizure panchanama (Exh.45). Accused were also referred for medical examination. During the course of investigation, the seized muddemal was referred to Chemical Analyser, Aurangabad for chemical analysis. After completion of the investigation, charge sheet was submitted against accused Nos.1 to 5 before Judicial Magistrate, First Class, Sindkheda for the offences punishable under Sections 302, 307, 143, 147, 148, 302, 324, 504, 506 read with Section 149 of the Indian Penal Code. ;