GAFFAR KHAN Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA
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V.M.DESHPANDE, J. -
(1.) By the present appeal, the appellant who stands convicted for the offence punishable under Section 304 Part II of Indian Penal Code is sentenced to suffer R.I. for five years and to pay fine of Rs. 1000/- and in default of payment of fine to suffer further R.I. for four months,is before this Court.
(2.) Sub-Divisional Police Officer (SDPO) Ravindra Prabhakar Shegaonkar was posted at Morshi from October 1992 to June 1993. The P.S.O. Shirkhked is within the territorial jurisdiction of SDPO, Morshi.
Maroti Tukaramjji Taiwade (PW1) came to P.S. Shirkhed on 16/10/1992. He lodged his oral report (Exh.43) before SDPO Ravindra Shengaonkar (PW12). By the said report it was reported that he owns auto-rickshaw bearing registration no.MH27471 and the said auto-rickshaw used to ply by his brother Vasant Tukaramji Taiwade(deceased). He used to ply the said auto-rickshaw in between Nerpingali to Legaon fata. On 16/10/1992 when the first informant (PW1) returned from his agricultural field that time he was informed that his brother Vasant and Gaffur Khan (appellant) had a quarrel at Nerpingali bus stop. Thereafter Vasanta and appellant Gaffur Khan proceeded towards Legaon fata in auto-rickshaw driven by Vasant. The said auto-rickshaw was followed by another auto-rickshaw driven by one Imran. In the said auto-rickshaw Imran,Rafiq and other 23 persons were seated. It is further stated in the F.I.R. that thereafter quarrel took place in between them and in that they assaulted Vasanta by means of sharp edged weapon. His brother Vasanta was admitted by Vijay Mahure, Rupral Bhopde and one Adne. Thereafter first informant alongwith Vijay Ingale went to Govt. Hospital, Morshi, however that time Vasanta was declared as dead.
(3.) The report (Exh.43) was reduced into writing by Ravindra (PW12) himself. After reduction of report into writing, A.S.I. of P.S. Shirkhed prepared F.I.R. in the prescribed proforma. Offence was registered against appellant Gaffurkhan, Rafiqkhan, Imrankhan and 23 unknown persons at P.S. Shirkhed vide Crime No.210/1992 for the offence punishable under Section 302 r/w Section 34 of the Indian Penal Code. After registration of the crime Ravindra (PW12) took up the investigation upto himself.;
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