RAJENDRA LAXMAN SALUNKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners are involved in CR. No.37 of 1997 registered at Pandharpur Town Police Station for offences under Ss.147, 148, 149 and 307 IPC. On the death of the injured viz., Tanaji the offence under S.307 is converted to S.302 IPC.

(2.) THE deceased Tanaji is a resident of Pandharpur and on 29th May 1997 at about 10.30 PM he had gone to Santpeth to meet his friend. At that time on the road all of a sudden eight persons including the present petitioners surrounded Tanaji and Gajanan Bhinge, Bandu Bhinge, petitioner No.2 and some time later, petitioner No.1, Rajendra Salunkhe came and all them held deceased Tanaji. While Datta Kamble was holding sword Tatya Kamble was holding gupti. Tatya Kamble gave blow with gupti on the left side of the stomach while Datta gave blow with sword on the right wrist. After that, all these persons went away. Sometime later, the brother of the deceased came there and he took the deceased to the dispensary where his statement came to be recorded, which subsequently came to be treated as first information report.

(3.) I have heard Mr.Mundargi for the petitioners and Mr.Galeria APP for the respondent-State.