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He ran away to conceal himself FAC |
Bajrang (PW-14) was taken to the hospital by Waman PW-15,Ramesh PW-11 and Prakash PW-2,whereas Popat deceased who was seriously injured and had fallen down unconscious after receipt of the injuries was removed to the hospital by the police when it arrived at the spot a little later FAC |
All the injured persons were admitted to the hospital FAC |
While receiving the treatment,Popat succumbed to his injuries FAC |
On receipt of information,Asstt FAC |
Police Inspector Joshi arrived at the hospital and Baban Karpe PW-9 narrated the occurrence to him which was reduced into writing FAC |
On the basis of the said report,an FIR for offences under Section 302/307/149/147/148 IPC was registered vide CR No.101 of 1990 at about 6.00 p.m FAC |
The inquest on the dead body of Popat was conducted and the body was sent for post-mortem examination FAC |
Bajrang PW-14 regained consciousness during the night intervening 11th and 12th August,1990 and made a statement to the police in respect of the incident which took place in front of Jagdamba hotel and on the basis of that statement,CR No.102/90 was registered FAC |
The jeep allegedly used by the accused party was later found in front of the house of accused Baloba Dombe,A-1 (who died subsequently).One sword,stained with blood and two blood stained sticks were recovered from the said jeep FAC |
An auto-rickshaw bearing registration No.MWQ-5624 belonging to Manik Bhende-Gavali was found abandoned in a damaged condition with broken glasses FAC |
It was also taken into possession vide a panchnama FAC |
The accused were searched for but could not be traced FAC |
They were subsequently arrested on different dates FAC |
On a disclosure statement made by A-11 before the police and the panches under Section 27 of the Evidence Act and on his pointing out a sword was recovered from the field at Korti,where it lay buried FAC |
A-10 also made a disclosure statement under Section 27 of the Evidence Act to the effect that he had buried a sword behind Yamai Tukai temple and could get it recovered FAC |
On the pointing out by A-10,the said sword was also recovered and taken into possession through a panchnama FAC |
During the investigation,an identification parade was got conducted through the Executive Magistrate,PW-32 when Baban Karpe (PW-9) and other prosecution witnesses identified the assailants FAC |
Samples of blood of the accused were collected for ascertaining their blood groups and sent for chemical analysis FAC |
The blood samples of Bajrang (PW-14) and Baban Karpe (PW-9) were similarly collected FAC |
The blood stained clothes of the deceased and the injured persons as also the swords were sent to the chemical examiner for analysis FAC |
After completion of the investigation,two charge-sheets arising out of crime No.101/90 and crime No.102/90 were filed before the Designated Court FAC |
During the pendency of the two charge-sheets the Addl FAC |
Public Prosecutor through an application,Ex FAC |
P-35,requested the Court for holding trial in respect of both the chargesheets together,which application was allowed by the Designated Court vide order dated 5 December 1992 and that is how both the cases were tried together by virtue of the provisions of Section 220 (1) Cr FAC |
P.C.,as the series of acts in both the cases were so inter-connected as to form one transaction FAC |
At the trial,the prosecution alleged that the accused party with an intent to commit terror in the Wadar community had committed the murder of Popat and injured PW-9 and PW-14,by using lethal weapons and had thereby committed terror in the Wadar community and,thus,committed an offence under Section 3 of TADA,besides th... |
Baloba (A-1) died during the pendency of the trial and therefore,the proceedings against him abated ARG |
The plea of the remaining accused in their statements under Section 313 Cr ARG |
P.C.was one of total denial and false implication ARG |
According to A-2,A-3,A-5,A-6 and A-7 they had been identified by PW-9,during the identification parade,at the instance of the police.A-4 alleged false implication at the instance of PW-15 Waman while A-8 alleged false implication at the hands of the police with a view to pressurise him to withdraw a complaint concernin... |
The learned Judge of the Designated Court acquitted A-2,A-3,A-4,A-6,A-7 and A-12 of the offences charged against them,apparently influenced by the lack of identification of these accused persons by the prosecution witnesses at the identification parade conducted by the Executive Magistrate FAC |
The appellants,however,were convicted and sentenced in the manner as already noticed FAC |
We have heard learned counsel for the parties and perused the record FAC |
That the incident arose out of a petty altercation between A-11 and his three companions with PW-10 and his three companions at the video parlour and later on led in the homicidal death of Popat Band Patte on 11 August 1990 and injuries to PW9 and PW14 was neither disputed before the learned Designated Court nor before... |
From the post-mortem report prepared by Dr Ratio |
A.P.Khiste Ratio |
PW-22),we find that the deceased had four incised injuries which had caused extensive damage to his internal organs also Ratio |
According to PW-22,the internal injuries on the deceased were a result of the following external injuries: (1) Incised wound,transverse on left groin at centre medial to left public symphysis and left superior iliac crest,all muscles,vessels cut,both femoral vessels,vein artery cut,dimension 4 x 2 x 5 cms Ratio |
Transverse incised wound on right parital region,bone deep,4 x 2 x 1 cms.,6 Ratio |
cms.above right ear,fracture of right parietal bone with laceration of brain Ratio |
3) Verticle incised wound 5 x 1 x 1 cms.,bone deep at centre of vertex,fracture of skull with laceration of brain Ratio |
PW 22 opined that these injuries,individually as well as collectively,were sufficient in the ordinary course of nature to cause death Ratio |
PW-9 was examined by Dr FAC |
Khiste PW-22 who noticed the following two injuries on his person: (1) Transverse superficial incised wound 10x1/2 cm.on posterior of left knee in popliteal FAC |
Edges were clean out FAC |
2) Abraded contusion below right knee and front of right leg,5 x 5 cm FAC |
PW-14 Bajrang was also medically examined and the following injuries were found on him :- (1 FAC |
Transverse Lacerated would on occipital region,3 x 1 cm.,bone deep FAC |
Injury was bleeding fresh FAC |
2) Multiple abraded contusion all over the back FAC |
The defence plea of total denial and false implication has been rightly rejected by the Designated Court in view of the over-whelming,cogent and reliable prosecution evidence FAC |
The trial court for the purposes of consideration of the evidence divided the prosecution case into three parts namely; (i) the incident at Vrindavan video parlour (ii) incident near Jagdamba hotel and (iii) the incident at the Math FAC |
So far as the first incident is concerned,that merely provided the motive for the assault near the Jagdamba hotel and the Math FAC |
The evidence regarding the first incident was given by PW10,PW11 and PW12.These witnesses deposed that while they were watching a movie at the video parlour,A-11,A-6 and A-10 alongwith one other person had occupied the seats in the row behind them and when the leg of A-11 dashed against the leg of PW10,who told him to ... |
In view of the altercation,the complainants left the video parlour and went towards Jagdamba hotel FAC |
Some of the prosecution witnesses including the deceased,PW9 and PW14 were already standing near the Jagdamba hotel FAC |
PW10 narrated the incident of the video parlour to those persons and in the meantime the accused party arrived there in a jeep and two auto-rickshaws and started assaulting the complainant party FAC |
However,according to the prosecution evidence itself,during the assault,none out of the four prosecution witnesses with whom the altercation had taken place at the video parlour was injured FAC |
Near the Jagdamba Hotel it was Bajrang PW-14 who received the injuries at the hands of the accused FAC |
Some of the other witnesses including Popat deceased and Baban PW-9 fled towards the Math to save themselves FAC |
The evidence of PW10,PW-11 and PW-12 has received ample corroboration from the testimony of PW-9,PW-13,PW-14 and PW-15,who deposed that while the witnesses were narrating the incident of the video parlour to Waman Band Patte PW-15 and other witnesses present there the accused party arrived in a Jeep and two auto-ricksh... |
We do not find any force in the submission of the learned counsel for the appellant that since Mohan Lal PW-19,who runs the video parlour has not fully supported the prosecution version regarding the cause of altercation at the video parlour,the genesis of the occurrence gets shrouded in doubt Ratio |
PW-19 was declared hostile by the prosecution and was cross examined by the Addl Ratio |
Public Prosecutor Ratio |
We find from a careful analysis of the evidence that the testimony of PW9 to PW-15 regarding the incident at the video parlour is cogent and trustworthy and nothing has been brought out during the cross-examination of these witnesses which may cast any doubt about the correctness of the version given by them regarding ... |
Even from the evidence of the hostile witness PW-19 Mohanlal,it emerges that on the day of the incident there was an altercation at the video parlour,though he has given the cause of the altercation to be somewhat different,which explanation does not appeal to us Ratio |
Even if for the sake of argument we were to ignore the evidence of PW19,it would not materially affect the prosecution case in so faras the incident at the video parlour is concerned Ratio |
We are in agreement with the Designated Court that there is ample evidence led by the prosecution to establish the incident at the video parlour and also that the said incident was the origin for the subsequent assault Ratio |
To connect the accused with the incidents near the Jagdamba hotel and the Math,the prosecution has examined PW3,PW4,PW9,PW10,PW11,PW12,PW13 and PW14 besides PW7,PW20 and PW21.The last three witnesses,however,turned hostile at the trial and were cross-examined by the Addl FAC |
Public Prosecutor with the permission of the court FAC |
Out of the remaining witnesses mentioned above,PW-9 FAC |
and PW-14 are the injured witnesses FAC |
These are thus the stamped witnesses whose presence admits of no doubt and being themselves the victims they would not leave out the real assailants and substitute them with innocent persons FAC |
PW-15 Waman Band Patte who is the owner of the Jagdamba hotel has lent sufficient corroboration to the testimony of the other prosecution witnesses in general and PW9 and PW14 in particular FAC |
From the testimony of PW9,it stands established that while Mukesh PW-12 was narrating the incident which had taken place at the video parlour,the appellants alongwith 7/8 other persons arrived in a jeep and two auto-rickshaws armed with swords,satturs and sticks and opened the assault on the prosecution witnesses and t... |
His testimony receives ample corroboration from the testimony of PW10,PW11,PW14 and PW15 Waman,the proprietor of Jagdamba Hotel besides the medical evidence Ratio |
These witnesses categorically deposed that A-5,A-10 and A-11 were responsible for causing injuries to Bajrang PW-14 Ratio |
These witnesses knew the accused from before by their names and had also identified them later when called upon to do so FAC |
They specifically described the roles played by A-5,A-10 and A-11.PW-10,PW-11,PW-12,PW-13,PW-14 and PW-15 also spoke about the presence of A-1,A-8 and A-9 with their respective weapons alongwith A-5,A-10 and A-11 near the Jagdamba Hotel at the time of assault on PW-14 FAC |
An identification parade had been held by Shri Shrikant Chimanaji Jahagirdar (PW-32),Executive Magistrate FAC |
At the identification parade,A-5 was identified by PW-9,PW10,PW-11,PW-14 and PW-15; A-10 by PWs 10 to 15; A-11 by PW 3 and PWs 9 to 15; A-1 by PWs 10 to 15; A-8 and A-9 by PW-3 and by PWs 10 to 15 FAC |
So far as other accused are concerned,none of the prosecution witnesses ascribed any role to A-2,A-3 and A-12 and even though PW-15 deposed at the trial about the presence of A-4,A-6 and A-7 and stated that they were present with the accused party but the trial court,for good and sufficient reasons found that his testi... |
The learned Designated Court opined that though the identity of A-1 (since dead),A-5,A-8,A-9,A-10 and A-11 as the assailants had been established by the prosecution evidence beyond a reasonable doubt,the same could not be said about the participation of the remaining accused FAC |
We agree Ratio |
From our independent analytical appreciation of the evidence on the record,we are of the opinion that the Designated Court rightly found the participation of A-1,A-5,A-8,A-9 and A-11,in the assault,to have been positively established Ratio |
However,so far as A-10 is concerned,we find that there is merit in the submissions of the learned counsel for the appellant that his identify and participation in the assault has not been established beyond a reasonable doubt Ratio |
Baban Karpe PW-9,himself an injured witness,failed to identify A-10 at the time of the identification parade held by PW-32,though he identified A-10 later on in the Court during the trial Ratio |
That apart the name of A-10 does not figure specifically in the statement of Baban PW-9,which formed the basis of the FIR,Ex.77.PW-10,PW-11 and PW-15 have tried to implicate A-10 by making tell tale improvements in their statements at the trial by ascribing a role to him in the assault by improving upon their statement... |
Even Bajrang PW-14 who is an injured witness himself and deposed about the incident at Jagdamba hotel with sufficient details appears to have exaggerated the version when he stated that he had been assaulted by A-10 also besides A-5 and A-11 auite contrary to his earlier statement Ratio |
There is only one injury which was received by PW-14 and according to the other prosecution witnesses,that injury had been caused to him by A-11.The tendency to exaggerate the incident is not uncommon and that an innocent person may be roped in alongwith the guilty ones is a possibility which cannot,in the facts and ci... |
In view of the improvement made by the prosecution witnesses at the trial from their earlier statements and the infirmities already noticed,we are of the opinion that it cannot be said with any amount of certainty that the participation of A-10 in the assault or even his presence in the unlawful assembly at the time of... |
The prosecution has not been able to establish the case against A-10 beyond a reasonable doubt and is our opinion he is entitled to the benefit of the doubt Ratio |
In so far as the remaining appellants are concerned,the evidence of the eye-witnesses and particularly of PW-3 and PWs 9 to 14 unmistakably connects them with the assault on the complainant party near the Jagdamba hotel and at the Math,resulting in the death of Popat and injuries being caused to PW9 and PW14.Despite se... |
Their evidence establishes the manner in which the assault originated as well as the role played by each one of them Ratio |
The appellants (other than A10) were as already noticed identified by various prosecution witnesses at the identification parade held by PW-32,the Executive Magistrate also Ratio |
Besides,the testimony of these prosecution witnesses has received ample corroboration from the medical evidence as well as the recoveries of the weapons of offence Ratio |
From our independent examination of the material on the record,we are satisfied that the prosecution has been able to establish its case against A-5,A-8,A-9 and A-11 and the deceased A-1 beyond a reasonable doubt Ratio |
That takes us now to consider the nature of the offence committed by A-5,A-8,A-9 and A-11 Ratio |
The Designated Court,as already noticed,found all of them guilty and convicted them for the offences under Section 3 TADA,302/149,307/149 and 323/149 IPC RLC |
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