MANMATH BABURAO KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved by the conviction of the present appellants, recorded by the learned Additional Sessions Judge, Beed in Sessions Case No. 76/2009, vide judgment and order dated 13.6.2011, for the offences punishable under section 307 read with section 34 of the I.P. Code, under section 341 read with section 34 of the I.P. Code and under section 506 read with section 34 of the I.P. Code, original accused Nos. 1, 2 and 4 have preferred the present criminal appeal. Accused No. 1 Manmath and accused No. 2 Bhagwan i.e. the present appellants No. 1 and 2, respectively were sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- each, while accused No. 4 i.e. present appellant No. 3 Baburao was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5000/- each, for the major offences, while different sentences were awarded for rest of the offences. All other lesser sentences were, however, directed to run concurrently with these sentences. Aggrieved by the lesser sentences awarded by the Sessions Court, the original complainant-Pandurang Maruti Rasal has filed Criminal Revision Application No. 10/2012.

(2.) The prosecution case, in short, is as under:--

(3.) PW7 A.P.I. Sanjay Lohakare had already received a phone-call on the day of incident i.e. on 18.11.2008 of one advocate Kavathe that injured Subhash was beaten by some villagers and was already admitted in Civil Hospital, Beed. Therefore, P.S.I. Nalawade was sent to the village for confirmation. After return, P.S.I. Nalawade, on 18/11/2008 made entry No. 34 in the Station Diary to the effect that appellant No. 1 Manmath and some others assaulted PW3 Subhash Rasal by means of sickle like weapon and said Subhash was already taken to Civil Hospital, Beed. It was gathered by A.P.I. Sanjay Lohakare that just within some period PW3 Subhash was shifted to Aurangabad. Therefore, he sent P.S.I. Gawande to Aurangabad by taking entry in this regard in the Police Station Diary. The extract of these entries was placed at Exhibit-91. After return from Aurangabad, P.S.I. Gawande reported to PW7 A.P.I. Sanjay Lohakare that PW3 Subhash was not in a position to make his statement. Eventually, as detailed after two days PW 1 Pandurang came to the Police Station and filed his complaint, on the basis of which further regular investigation was started.