PRAFULLA C.PANT, J. - (1.) This Appeal is directed against the judgment and order dated 20th February, 2007 passed by High Court of judicature at Bombay, whereby Criminal Appeal No. 643 of 1989 filed by the respondent-State was allowed, and the appellants are convicted under Section 302 read with Section 34 of Indian Penal Code (for brevity "I.P.C."), and each one of them has been sentenced to imprisonment for life and to pay fine of Rs. 5,000/- in default of payment of which the defaulter convict is directed to undergo further imprisonment for a period of one year.
(2.) Prosecution story, in brief, is that appellant no. 2 and deceased were neighbours and they used to live with their families in Guruwar Peth, Pune. There was enmity between the two families. Earlier also a criminal case was filed against accused Shamrao Andekar (since died) and his brothers when an attempt was made to commit murder of Raghunath (deceased in the present case). In this background, the incident in question is said to have taken place. It is stated in the First Information Report (Exh.-38) that on 14.10.1986 at about 3.00 p.m., Raghunath was taking rest on a cot outside of his door when accused Shamrao Andekar came in a drunken condition and started hurling filthy abuses at him. The deceased objected to the behavior of the said accused, and heated exchange of words started between the two. Meanwhile, appellants Ganesh Andekar and Avinash Andekar (both sons of Shamrao Andekar) and others also reached there. They were armed with weapons and attempted to assault the deceased. On this, Raghunath started running to save his life and was chased by the accused persons. They succeeded in catching Raghunath in Gadikhana Chowk near Rajesh Boarding House. When the accused chased the deceased, PW-2 Rohini (daughter of the deceased), and PW-13 Shakuntala (wife of the deceased) followed them. Ganesh Andekar (appellant no. 1) stabbed the deceased on his stomach. Appellant no. 2 Avinash Andekar gave a blow with 'Gupti' (pointed sharp edged weapon) near groin area of the deceased. Accused Vijay Ramchandra Yadav (since died), who was armed with sword, and other accused also allegedly assaulted the deceased. PW-2 Rohini in an attempt to save her father fell on him but she was pushed aside. When the accused left Raghunath (believing him to have died), Rohini took her father in an Auto rickshaw to Sassoon Hospital, Pune, in the injured condition. According to prosecution, PW-3 Suresh Chavan was the Auto rickshawala who helped in taking the injured to hospital. PW-16 Dr. Shivram Waghmare gave medical aid to the injured who succumbed to injuries at about 4.40 p.m. A report (Exh. 38) of the incident was given by PW-2 Rohini at Police Outpost, Mithi Ganj against the four appellants and others which included their family members. The said report was forwarded from Outpost Mithi Ganj to Police Station, Khadak, and a Crime No. 265 of 1986 was registered relating to offences punishable under Sections 143, 147, 148, 149, 302 read with Section 34 and 426 of I.P.C., on the same day at 6.30 p.m.
(3.) PW-19 Suresh Suresh Kulkarni investigated the crime. He got inquest report prepared through Sub-Inspector Lonakar. Autopsy on the dead body was conducted by PW-18 Dr. Laxman Pherwani on the very day i.e. 14.10.1986 from 9.15 p.m. to 10.15 p.m. He prepared Post Mortem Examination Report (Exh.70). On completion of investigation, the Investigating Officer submitted charge-sheet against fifteen accused, namely, Ganesh Andekar, Shamrao Andekar, Avinash Andekar, Dinesh Andekar, Vijay Ramchandra Yadav, Bhau Mohol, Vinayak Kadam, Shekhar Vardekar, Sathyabhama Vardekar, Laxmi Indapurkar, Rukmini Indapurkar, Kaml Andekar, Sangita Vardekar, Pushpa Andekar and Gopinath Mane.;