- (1.)A charge-sheet came to be submitted against Pandharinath son of Punja Lahane (accused No. 1); Kashinath Punjaram Lahane (accused No. 2); Narayan Kashinath Lahane (since deceased) Sakharam Kashinath Lahane (absconding); Gautam Pandharinath Lahane (absconding); Siddharth Pandharinath Lahane (a juvenile delinquent ). Juvenile delinquent was forwarded to Juvenile Court. Sakharam and Gautam are absconding, therefore, the trial proceeded in their absence against remaining two accused. Both these accused came to be convicted by learned Sessions Judge, Jalna on 7th April, 2005 for the offences punishable under sections 302, 324, 341 read with 149 of the Indian Penal Code (in short "ipc" ). For the first offence, the accused were sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/ -. For the second offence, the accused are sentenced to suffer R. I. for one year and to pay fine of Rs. 500/- and for third offence, the accused are sentenced to suffer R. I. for one year and to pay fine of Rs. 100/- with default stipulation in the event of non-payment of fine. Accused No. 1 Pandharinath has filed Criminal Appeal No. 318/2005. Accused No. 2-Kashinath has filed Criminal Appeal No. 395/2005. Both the appeals are disposed of by this common order. As separate appeals are filed, the appellants are referred to in their capacity as accused Nos. 1 and 2.
(2.)THE facts relevant for the purpose of these appeals, briefly stated are that Dwarkabai (P. W. 1) is native of Karadgaonwadi, Tq. Ghansawangi, District Jalna. On 22-6-2003, at about 10. 00 a. m. , she was proceeding to her field with her husband Dattu (deceased) and his son Dnyandeo (P. W. 2) by cart road which passes through the field of accused, for sowing cotton seeds. She was carrying vessel containing rice. Her husband Dattu (deceased) was carrying bag containing cotton seeds and Dnyandeo was carrying water-pot. Pandharinath (accused No. 1); Kashinath (accused No. 2): Gautam son of Pandharinath (absconding); Narayan son of Kashinath (since deceased) Siddharth son of Pandharinath (juvenile delinquent) and Sakharam son of Kashinath (absconding) obstructed them near the field of Eknath Barsale. Accused No. 2 questioned the deceased as to why they are using the road passing through his field and accused deceased Dattu of committing murder of his father five years back. All the accused then started assaulting the deceased. Accused No. 2 dealt axe blow on the neck of the deceased. Accused No. 1 and absconding accused Gautam dealt blows on his head, shoulder and back. Dwarkabai and Dnyandeo (P. W. 2) raised cries for help. In response to her cries Balaji (P. W. 6) brother of Dwarkabai, who was grazing cattle in hereby pasture, came to the rescue of his brother-in-laws. When they intervened, Gautam pushed Dwarkabai. Narayan, Siddharth and Sakharam started assaulting Dnyandeo; Balaji, Dattu and deceased Dattu with axes. Accused No. 2 dealt axe blows on left hand of Dnyandeo. When Balaji made an effort to resist the assailants, accused No. 1 dealt axe blow on his chest. Delinquent Siddharth and deceased Narayan assaulted him with sticks. By that time, deceased Dattu buckled under the assault and had fallen on the ground. Having seen this, Dwarkabai, her son and brother got afraid and started running towards the village. The assailants chased them for some distance. On coming to the village, complainant, her son and brother took shelter in their house. None of the persons engaged in bonding work which was in progress near the field of accused, nor Damodar (P. W. 7), brother of the deceased, who was at a distance of 400 ft. from the scene of occurrence came to their rescue as all of them were afraid of the accused. Balaji (P. W. 6) sent his son Ashok to Sarpanch Jairam Kale (P. W. 11) for giving information regarding the incident. Ashok reached field of Sarpanch at about 11. 00 a. m. and informed him about the incident. Sarpanch then took Ashok to the scene of occurrence on his motorcycle. He saw dead body of Dattu lying on the road. After confirming that incident, as narrated by Ashok, has in fact taken place, the Sarpanch contacted Ghansavangi Police Station from Karadgaon on telephone. The message was received by PSO Birahe (not examined) at about 12 noon. He relayed the message to P. I. Kashinath Lahase (P. W. 18 ). On receipt of the message, the investigating officer immediately left for the scene of occurrence with members of the staff. As the dead body was lying unattended, the investigating officer directed two constables to guard the dead body and went to village Karadgaonwadi. There he recorded complaint (Ex. 43) of Dwarkabai (P. W. 1) and sent it to the police station for registration of the offence. After recording F. I. R. the investigating officer returned to the scene of occurrence with complainant and held inquest (Ex. 55) on the dead body. The dead body was then sent for post-mortem.
(3.)SCENE of occurrence was pointed out by the complainant. It was near the common boundary of the fields of Eknath Barsale and accused No. 2 Kashinath on the cart road which passes through their fields. Blood stains, bunch of hairs from the head of the deceased and pieces of broken handle of axe, were spotted at a distance of 20 feet from the dead body. Water pot, German silver vessel, 'gamchas' (multipurpose cotton cloth used for covering head, wiping sweat, etc.) Were found at some distance from these articles. The vessel was partially filled with rice; rice spilled from the vessel was lying on the ground At a distance of about 100 feet from the dead body digging of trench for bonding was in progress in the field of one Kulkarni. At a distance of 25 feet from this place, there was a heap of cow dung manure. By the side of this heap, there were three blood stained axes. Handle of one of them was broken. The investigating officer attached sample of blood stained soil, control soil and three axes under Panchanama of the seen of occurrence (Ex. 56 ). Blood stained clothes of Balaji (P. W. 6) and Dnyandeo (P. W. 2) were attached under seizure memos (Ex. 57 and 58 ). The injureds were sent for medical examination. Dr. Anand Chavan (P. W. 17) conducted post-mortem. He found six incised injuries on the dead body. Trachea, larynx and carotid arteries were cut. The death was caused on account of asphyxia due to cutting of carotid artery. Dr. Chavan examined the injureds. He issued post-mortem report (Ex. No. 73) and injury certificate (Exs. 75 and 76 ). Investigating officer made efforts to trace the culprits but could not succeed.