- (1.) On 27-12-1987 Subhash Warankar (hereinafter referred to as the 'deceased') lost his life and Pundlik (PW-1) was seriously injured. Allegedly, the respondents were the assailants. The Additional Sessions Judge, Amravati found them guilty of offences punishable under Sections 302, 307, 147, 148, 452 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Each was sentenced to undergo imprisonment for life and three years for the offences relatable with Section 302 read with Section 149 and Section 307 read with Section 149, IPC respectively. One person, namely Mohan was tried along with the respondents. Since he died during the pendency of the trial the matter was abated so far as he is concerned.
(2.) Factual scenario according to the prosecution is as follows : Relationship between Pundlik (PW-1) and respondent-accused No. 1 Kashirao was strained since a long time. Originally, Pundlik (PW-1) used to stay in a village Dhamori but he shifted his residence to another village along with family members about one year before the date of incident. On the date of incident when Gangadhar (PW-2), Jayawant (PW-5) and Charandas (PW-6) and the deceased were going to village Dhamori in an auto-rickshaw, PW-1 was standing and he enquired from them as to where they were going and when he learnt that they were going to Dhamori he also accompanied them and all of them reached there at about 5.00 p.m. They went to the house of father-in-law of Gangadhar (PW-2) who was the Sarpanch of the village. They rested there for sometime. Thereafter, PW-1 went to the weekly market along with Jayawant (PW-5), Charandas (PW-6) and the deceased. Father of PW-1 met him at the market and PW-1 told his father to purchase mutton so that he could entertain his friends at night. Thereafter, he along with his friends returned to his house. PW-1 told his mother to prepare meat for his friends and asked PWs 5 and 6 to go to the house of Raghunath (PW-3) and invite Gangadhar (PW-2) for the feast. House of accused-respondent No. 1 is at a short distance from the house of PW-1. All the accused persons came together and assembled near the house of PW-1 and they were all armed with deadly weapons. They proceeded towards the house of PW-1 with the common object of killing PW-1 and his friends. At about 6.30 p.m. accused Kashirao along with other accused persons and the deceased accused formed an unlawful assembly to cause death of PW-1 and his friends. Accused No. 1 Kashirao was armed with sword. Mohan was armed with an axe and other accused persons were armed with lathis. All the accused persons hurled stones at the house of Pundlik (PW-1) and threatened to kill him and his friends. When the deceased tried to escape from the rear door being afraid of assaults, the accused persons chased him and assaulted him with deadly weapons and committed his murder. Thereafter, they came back to the house of PW-1, pelted stones and when he ran away to save his life, the accused persons chased him and gave blows. As a result of the assaults given, left arm of PW-1 was severed and injuries were caused on his right arm. Another friend of PW-1 Jayawant (PW-5) was also chased, but he successfully managed to escape by getting into a State transport bus. On coming back to the house of PW-1, they shouted that they had killed one person from Amravati, others had run away and now they would kill PW-1. PW-1 tried to save himself by throwing tiles from thereof but he did not succeed and therefore, tried to run away from the house by jumping out from the roof. However, accused chased him and he was assaulted, Assuming him to be dead, they returned to the village. They also carried the served arm and showed it to his mother and ran away. Mother of PW-1 went to the place where PW-1 was lying, gave him water and took him to Kolhapur Bus stand and then to Kolhapur police station. He was later on taken to the hospital. His statement was recorded and the FIR was registered. The weapons and blood stained swords were collected. The accused persons were arrested and the charge sheet was placed. Mohan is the son of accused No. 1 Kashirao, Mahadeo (A-4) and Sahadeo (A-5) are real brothers and Ganesh (A-7) is the son of Ajab (A-6). All are residents of village Dhamori.
(3.) The prosecution sought to prove the assaults on the deceased and PW-1 with the testimonies of P.Ws. 1, 2, 5, 6 and 7. P.Ws. 1, 5 and 7 were stated to be eye-witnesses. Placing reliance on their version, the conviction was made and sentence was awarded as aforesaid.;