Case Note & Summary
The matter arose from a factional feud in village Zola, where two groups were vying for control of the Grampanchayat. Accused No.1 was the sarpanch. On 22nd November 1990, the rival group had gone to Parbhani to submit a memorandum to the Collector seeking externment of accused No.1. After returning, a group of 10–15 persons, while on their way to Mondha near the Kabarsthan, were confronted by accused No.2. An exchange of abuses led to accused No.1 arriving in a jeep with his sons and others armed with iron rods, pipes and knives. Accused No.1 stabbed Shriram Sitaram Mundhe and accused No.10 assaulted him with an iron rod. Several others, including Sheshrao, Pandurang, Adinath and Tulshiram, were injured. Police received a telephonic message and rushed to the spot but found it empty; the injured had already reached the police station. They were taken to hospital, where Dr. Siddhartha Bhalerao (PW-1) examined them and certified that the deceased was fit to give a statement. PSI Navnath Dhole (PW-10) recorded the dying declaration of Shriram, who died shortly thereafter. Another injured, Dnyanoba Nivrutti Murkute, lodged a complaint, leading to registration of Crime No.253/1990 for offences under Sections 307, 148, 149, 324, 325 IPC; Section 302 was added after death. Meanwhile, accused Nos. 1 and 2 also reached the police station with injuries and filed a counter-complaint. Inquest and postmortem were conducted by Dr. Ramgopal Biyani (PW-2). Spot panchnama was drawn up and weapons were recovered pursuant to disclosure statements by accused Nos. 1 and 10 – a knife and iron rods. Charge-sheets were filed; the present case was committed to Sessions Court as Sessions Trial No.115/1992, while the counter-case was tried by the JMFC, Gangakhed, resulting in acquittal. The Sessions Court acquitted all 16 accused on 22nd January 1999 after a full trial. The State, aggrieved by the acquittal, filed Criminal Appeal No.287/1999. The High Court heard the appeal and reserved judgment on 15th June 2017, pronouncing it on 23rd June 2017. The key evidence pertained to the dying declaration, medical evidence of injuries on both sides, the genesis of the fight, and the recovery of weapons. The prosecution argued that the dying declaration and recoveries proved guilt; the defence highlighted the counter-case and injuries on the accused to dispute the prosecution version. The High Court’s analysis and decision are not available in the provided excerpt.
Headnote
A) Criminal Appeal - Appeal Against Acquittal - State's Appeal Under Section 378 Cr.P.C. - The High Court was seized of an appeal filed by the State against the judgment and order dated 22nd January 1999 passed by the Additional Sessions Judge, Parbhani, acquitting all accused of offences under Sections 147, 148, 302 read with 149, 324 and 325 of the Indian Penal Code. The appeal was heard after a long pendency since 1999. (Paras 1-2) B) Criminal Trial - Dying Declaration - Recording by Police Officer - The deceased Shriram Sitaram Mundhe, who was grievously injured, was declared fit to make a statement by the treating doctor (PW-1). The Investigating Officer (PW-10) recorded his dying declaration in the presence of the doctor, as the condition was deteriorating, before the Executive Magistrate could arrive. The deceased succumbed shortly thereafter. (Paras 2(D), 5) C) Criminal Trial - Counter-Case and Injuries on Accused - The accused party also sustained injuries and filed a counter-complaint. Accused Nos. 1 and 2 were examined by the same doctor (PW-1), and Accused No. 1 had a grievous injury caused by a sharp weapon. The trial court had to consider the genesis of the fight and the effect of non-explanation of injuries on the accused. (Paras 2(E)-(F), 5) D) Evidence - Recovery of Weapons - Disclosure Statements - While in custody, Accused Nos. 1 and 10 made disclosure statements leading to the recovery of a knife (Article 8) and iron rods/pipes. These recoveries were sought to be proved by the prosecution. (Paras 2(J))
Issue of Consideration
CRIMINAL APPEAL NO.287 OF 1999
