Full Judgment Text
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 270 OF 2003
SHRI ANANTA JANARDAN PATIL )
Aged 23 Yrs., Occ: Agriculturist, )
R/o. Village Vakalan, Tal. Thane, )
Dist. Thane. )
(All at present serving the sentence of )
rigorous imprisonment at Thana Jail) ).. Appellant.
(Org.Accused No.13 )
Versus
The State of Maharashtra ) .. Respondent.
: ALONG WITH :
CRIMINAL APPEAL NO. 285 OF 2003
1) DINKAR BALKRUSHNA PATIL, )
Age 32 years. )
2) DEEPAK BALKRUSHNA PATIL )
Age 20 years. )
3) MANOHAR BALKRUSHNA PATIL )
Age 27 years. )
4) ROHIDAS SAKHARAM PATIL )
Age 30 years. )
5) SUNIL RAMA PATIL )
Age 26 years. )
6) GANESH RAMA PATIL )
Age 23 years. )
7) SANDEEP @ PAPPA BALKRUSHNA )
PATIL, Age 25 years. )
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8) RAMA HARI PATIL )
Age 50 years. )
9) ANANTA JANARDAN PATIL )
Age 22 years. )
(Appellant No.9 (Orig. Accused No. )
13) deleted vide Court's order )
dated 1132003) )
10) SADANAND BOKYA PATIL )
Age 29 years, )
11) MOTIRAM BOKYA PATIL )
Age 29 years, )
12) SHANKAR BABU PATIL )
Age 64 years, )
13) SANDESH SHANKAR PATIL )
Age 21 years, )
14) ANANTA BALKRUSHNA PATIL )
Age 40 years, )
15) NARESH RAMA PATIL )
Age 20 years, ) ... Appellants
All residents of Vaklangaon, Dist. Thane )(Orig. Accused Nos. 1, 2, 5,
(At present in Central Prison, Thane). )6, 9, 10, 11, 12, 18, 19, 22,
23, 24 and 25)
Versus
The State of Maharashtra. .. ) .. Respondent.
(Orig.Complainant)
Mr. S. R. Chitnis, Sr. Counsel with Mr. S. V. Kotwal
for the Appellants in Cri.Appeal No.285/2003 and
Cri. Appeal No. 285/2003.
Mr. S. V. Gavand for Appellants (Original Accused
Nos. 6, 9, 10, 12, 13, 18, 22, 23 and 25).
Mr. B. R. Patil with Mr. S. L. Sakpale for Original Complainant.
Mr. P. S. Hingorani, APP for the State.
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CORAM : BILAL NAZKI and
A. R. JOSHI, JJ.
RESERVED ON : 12TH FEBRUARY, 2009
PRONOUNCED ON : 12TH AUGUST, 2009.
JUDGMENT (Per Bilal Nazki, J.):
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Prosecution case was that on 26 May, 2001 at 4.00 p.m. in
front of the house of one Dnyaneshwar Patil at Village Valkan, Tal. District
Thane when the deceased Ananta Bhoir was returning in an auto rickshaw,
his auto rickshaw was forced to stop by putting in front another auto
rickshaw driven by accused No.7. The auto rickshaw carried two persons
other than Ananta Bhoir by name Ratan Mhatre and Ananta Balku
Kharpatil. It was being driven by one Balkrishna Keshav Patil. 4 to 5
persons came out of the other auto rickshaw which stopped the auto of the
deceased. About 20 to 22 other persons were hiding behind the nearby
cactus and all these persons were armed with swords, iron rods, sickles,
knives and all of them mercilessly attacked Ananta Bhoir and caused him
grevious injuries on all parts of his body. On the basis of these allegations,
charges were framed against the accused under Sections 147, 148, 149,
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341, 323, 324, 504, 506 and 302 of the Indian Penal Code and under
Section 25(1)(A) of the Arms Act. The accused pleaded not guilty and
were tried. Prosecution examined 15 witnesses. The trial Court by its
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judgment dated 21 February, 2003 convicted accused Nos. 1, 2, 5, 6, 9,
10, 11, 12, 13, 18, 19, 22, 23,24 and 25 for the offences punishable under
Sections 147, 148, 149, 341, 506 and 302 of the Indian Penal Code and
sentenced them to suffer rigorous imprisonment for six months for the
offence punishable under different sections and also to suffer rigorous
imprisonment for life for the offence punishable under Sections 149 with
302 of the Indian Penal Code.
2. When these appeals came to be listed before a Bench of this
nd
Court for final hearing on 22 February, 2007, the Court was of an
impression that a full and complete attempt to arrive at the truth had not
been made by the prosecution. Therefore, the Court passed an order under
Section 391 of the Criminal Procedure Code directing recording of
statements of five witnesses who had been cited as witnesses but whose
statements had not been recorded as the learned Public Prosecutor
appearing before the trial Court had given up these witnesses. This Court
also directed examination of Investigating Officer PW 15. The matter was
remanded back to the trial Court. The trial Court has recorded the
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statement as per the order of the High Court and has also recorded the
statement of the accused under Section 313 of the Criminal Procedure
Code and the matter has come back for hearing.
3. At the outset, learned Senior Counsel appearing for the
appellants submitted that out of 15 witnesses originally examined by the
prosecution, PW1, PW 2, PW 3 and PW 4 were projected as eye witnesses
and these witnesses had not deposed anything against the accused which
could justify their conviction. He further submitted that even the finding by
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this Court in its order dated 22 February, 2007 was that the prosecution
had not brought the whole truth before the Court. Now in addition to
these witnesses, the prosecution has also examined after remand another 5
witnesses. So in all there are 9 alleged eye witnesses to the occurrence and
according to the learned Counsel appearing for the accused persons, on the
basis of testimony of all the 9 witnesses, the prosecution would not
succeed.
4. PW 1 – Eknath Dinkar Bhoir, is the brother of the deceased.
He stated that the deceased was an ExCorporator of New Bombay
Municipal Corporation. Prior to May, 2001 marriage of deceased's
daughter Sangita was arranged at Vaklan. Halad ceremony was arranged
prior to the marriage. He and his another brother Gurunath were present
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in the pendal at the time of the Haldi ceremony. A quarrel had taken place
in the pendal between the persons belonging to Dinkar Balkrishna Patil
and them in respect of dancing. His deceased brother was at home at that
time. Somebody informed him about the quarrel and hence his brother
arrived at the pandal. He requested all the persons not to quarrel at the
time of marriage. He also suggested summoning a panchayat for settling
the dispute. After one month a panchayat was summoned in a Hanuman
Temple. But, accused no.1, Dinkar Patil, was not ready to accept the
decision given by the panchayat, since he had sustained damages at the
hands of Excise Officials. He threatened the deceased with dire
consequences if his damages were not adequately compensated.
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Occurrence took place on 26 May, 2001 at about 4.00 p.m. The
deceased had gone to admit brother of Ratan Mhatre in the hospital,
whose name was Vasudeo. He had to be admitted in E.S.I. Hospital at
Vashi. While returning, when he reached near the house of Dnyaneshvar
Rama Patil, the accused Dinkar Patil, Manohar Patil, Anant Patil, Sandip
Patil and others encircled the deceased. They were armed with swords,
sticks, iron rods, choppers and sickles. They assaulted the deceased Ananta
Bhoir by the said weapons. Shankar Patil and Balkrishna Patil were
instigating others not to leave the Corporator and sever him into pieces.
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The witness claimed that he had seen the incident personally. Then he
stated that when he went to the spot, his brother was lying in a pool of
blood. The assailants were still assaulting him. Accused Dinkar Patil ran to
assault him, but his nephew Shanivar Patil asked Dinkar Patil not to
assault him. He knew all the accused sitting before the Court. All of them
had assaulted his brother. Thereafter, he took his injured brother to
Shilphata Police Outpost in his vehicle. Laxman Patil and Ratan Mhatre
accompanied him to the police outpost. Police referred deceased to Civil
hospital, Thane, for medical treatment. After sometime, his brother
succumbed to his injury. He lodged F.I.R. of the incident, which bore his
signature and Exhibited as Exh.41. The 5 swords, 4 sticks, 3 choppers and
3 iron rods were identified by him and they were marked as Articles A1 to
A15.
In his crossexamination, he said that he was running grocery
shop at Vaklan. From main road, if one has to go to Vaklan, one has to go
5 Kms. There are 2 to 3 villages on the road to Vaklan. There are
agricultural lands on both sides of Vaklan Road. He could not say the
width of the road. At the beginning of the village, the house of
Dnyaneshwar Patil is situated. It is on road side at the distance of 20 to 25
ft. from the edge of the road. He could not say whether there were cactus
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bushes on both sides of the road. He could not recollect as to whether
there were bushes and trees on both sides of the road. He denied that his
house was at a distance of 3 Kms. from other end of the village. The village
has 300 to 400 residential houses. He stated that it was true that the road
passing in front of the house of Dnyaneshwar Patil is zigzag. He denied
that other houses were 100 to 150 mtrs. away from Dnyaneshwar Patil's
house. At about 5.00 p.m. the witness must have gone to the hospital.
After about 30 to 35 minutes, he was informed by the doctor that the
deceased was dead. Thereafter, inquest panchnama of dead body was
prepared by the police. He did not obtain possession of the dead body from
the hospital. It was true that Dygad Police outpost is situated on Kalyan
turning. He stopped his vehicle at the police outpost. He did not know the
names of the police officials sitting in the outpost. He did not enter the
police outpost. He cannot read or write, but he can make a signature. Then
he stated, “It is true that police prepared the F.I.R. as per their whims and I
made my signature thereon at the instance of police”. He did not remember
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as to whether he put his signature on the F.I.R. on 27 or 28 May, 2001.
He did not remember as to whether he made his signature on F.I.R. in the
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evening of 27th May, 2001 or in the morning of 28 May, 2001. He denied
that he did not witness the accused persons assaulting his brother. He
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denied that the accused were not concerned with the death of the
deceased. He had personally put his brother in vehicle after he got injured.
In crossexamination by some other accused, he stated that he
did not remember the name of the adjoining village. He denied that village
Bamli is adjacent to his village. He, however, stated that it was false to
state that he, Ananta, Dinkar, Gurunath and their nephew Santosh were
arrested by the police in connection with a case of attempt to commit
murder of Dattatraya Gondhale. He also stated that it was false to state
that they attempted to commit murder of Dattatraya Gondhale prior to 10
days of the incident. He also stated that it was false to state that Ananta
had made firing on the house of Shantaram Mhatre. He also said that it
was true that incident of Haladi ceremony had taken place one year prior
to the occurrence in which the deceased died. It was false to say that no
dispute or quarrel had taken place between them and the Accused at the
Haladi ceremony. It was true that neither party had lodged any complaint
with the police about that incident. Two days before the occurrence, the
accused Dinkar Patil had abused and threatened the deceased at Dahisar
Checkpost. He was personally present there at that time, but no F.I.R. was
lodged. Then there are omissions, namely, “ I did not state before the police
that a quarrel had taken place between the persons belonging to the accused
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and our persons regarding dancing. I did not disclose to the police that my
brother Ananta arrived in the pendol and requested both sides not to pick up
quarrel with each other at the time of ceremony. I did not disclose to the
police that my brother Ananta expressed his intention to resolve dispute in a
Panchayat.” .... “I had stated before the police that the accused Dinkar Patil
ran to assault me and our nephew Shanivar Patil requested him not to
assault me. I cannot assign any reason as to why police did not mention it in
my F.I.R. ”.
5. PW 2 – Laxman Aba Patil, is running a grocery shop at Vaklan.
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He stated that he was present at home on 26 May, 2001. He woke up
from sleep at 3.30 p.m. and came out of his house and started washing his
face in front of his door. He saw Dinkar Patil, Manohar Patil, Ananta Patil,
Sandip Patil, Dipak Patil, Balkrishna Patil, Sunil Patil, Rama Patil, Ganesh
Patil, Naresh Patil, Santosh Patil, Sadanand Patil, Motiram Patil, all armed
with swords, choppers, iron rods and sticks, standing in front of his house.
The accused persons in the court were the same. The swords, sticks,
choppers and iron rods shown to him were the same. They were marked
Articles A1 to A15. Then he said that the accused Dinkar Patil asked
accused Manohar Gotiram Patil to start his auto rickshaw. Accordingly,
Manohar Gotiram Patil started his autorickshaw. 4 to 5 accused boarded
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the autorickshaw. He has a cattleshed in other locality of the village. He
went to his cattle shed by a different route without crossing the route of
the accused. The auto rickshaw stopped in front of the house of Shankar
Babu Patil, who also arrived on the spot from Dahisar side on scooter. Few
accused were sitting in the autorickshaw and few were elsewhere.
Accused Manohar Balkrishna Patil and Rohidas Patil gave signal to other
accused to stand up. Within five minutes another autorickshaw from
Dahisar side came on the spot of incident. Again accused Manohar
Gotiram Patil started his autorickshaw and brought in front of that auto
rickshaw. All the accused gathered in front of the house of Dnyaneshwar
Patil. The accused dragged the Corporator Ananta Bhoir from the auto
rickshaw and asked him, how he can escape from their clutches.
Thereafter, accuse Dinkar inflicted blow of sword on his head. Accused
Manohar also delivered blows of sword on him. Accused Ananta Patil
assaulted the deceased with sword. Accused Sandip Patil also assaulted
him with sword. Dipak Patil was possessing chopper. He pierced the
chopper in the mouth of the deceased. Other accused also assaulted him
with sticks, iron rods, sickles, etc. Thereafter, the accused fell Ananta Bhoir
on the earth. Accused Balkrishna Patil instigated other accused to cut
Ananta Bhoir to pieces. Balkrishna Patil was possessing a sickle in his
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hand. He delivered blows of sickle on the deceased and threw it on his
person. Thereafter, Eknath Bhoir and Ratan Mhatre arrived on the spot.
The witness encouraged Eknath Bhoir and Ratan Mhatre to go to the spot.
After assaulting Ananta Bhoir, the accused started bloting away from the
spot. Meanwhile, one jeep belonging to the deceased came on the spot.
They put deceased in the jeep and took him to Dygad Police outpost. The
police asked them to shift the deceased immediately to Civil Hospital,
Thane. Accordingly, they took Ananta Bhoir to Thane Civil Hospital, where
he was declared dead. All the assailants were sitting before the court as
accused.
In his crossexamination, he stated his grocery shop was
situated in front of house of accused Dinkar Patil. This witness stated that
he had three brothers, namely, Balaram, Sakharam and Waman and each
of them reside separately. He ran a grocery shop in the heart of the village.
He resides in the same structure. His cattleshed is situated at a distance of
34 houses from his residence. Then he said village Vaklan consists of 250
to 300 houses. Few of them are double storied and situated adjacent to
each other. His house is single storied. Dahisar is 4 Kms. away from his
house. It was true that house of Dnyaneshwar Patil is an old double storied
Bungalow consisting of roof of tiles. It is situated at the beginning of
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village Vaklan. There are cactus bushes on both sides of the road in front
of house of Dnyaneshwar Patil. House of Dnyaneshwar Patil was not
visible from his house and also not visible from his cattleshed. His brother
Balaram was Sarpanch of village Vaklan and Bamari before merging of
villages in New Bombay Municipal Corporation. It was true that villagers
of 14 adjoining villages have boycotted the elections of New Bombay
Municipal Corporation since the year 2000. He submitted that it was false
that accused Balkrishna Patil, his sons and other family members were on
the forcing that because of the boycott, his brother Balkrushna could not
contest the election of Municipal Corporation. He submitted that it was
false that two families were on inimical terms with each other because of
this. Balkrishna Patil is his cousin. His family and the family of the accused
had joint agricultural property at Vaklan at the time of their grandfather.
He denied that there were conflict on account of certain property which is
a grazing land and is used for grazing cattle. He denied that there was a
dispute between the family of the witness and the accused on account of
grazing of cattle in the grass land. Then he said, his clothes were not
stained with blood and hence were not seized by the police. The police
recorded his statement on the day of occurrence in the evening. The police
did not record any of his supplementary statement after 15 days of the
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occurrence. He stated, “ It is false to say that in my supplementary
statement, I disclosed to the police that Manohar Gotiram Patil, Barkya
Yashwant Patil, Gurunath Yashwant Patil and Laxman Ambo Patil were also
amongst the assailants ”. Then many omissions were pointed out to the
witness and he stated that, “ I cannot assign any reason as to why all these
things do not find place in my statement recorded by the police ”.
In response to crossexamination by some other accused, he
stated, “It is true that Eknath, deceased Ananta and Gurunath are real
brothers. Dattu Gondhali was assaulted 4 to 5 days prior to the incident. I
know Shantaram Namdeo of our village. It is false to say that in a firing
made on the house of Shantaram Namdeo, deceased Ananta was a
participant”. He also stated, “ I along with 5 to 6 persons went to Raigad
outpost. 7 to 8 cops were present in the outpost. I narrated them the whole
incident. But, they did not reduce it into writing. Only one cop accompanied
us to Thane Civil Hospital ”.
6. PW – 3 Ratan Rama Mhatre, in his evidence stated that he and
his brother Vasudeo Mhatre reside at village Vaklan. His brother was
suffering from heart decease. The witness used to take him to New
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Bombay Municipal Corporation Hospital for treatment. On 26 May, 2001
at about 10.00 a.m., he went to the residence of exCorporator Mr. Ananta
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Bhoir. He told him that the Medical Officer of New Bombay Corporation
Hospital was not attending to his brother. Therefore, he requested him to
request the Medical Officer to offer proper medical treatment to his
brother. Anant Bhoir agreed to accompany him to New Bombay
Corporation Hospital. He along with his brother Vasudeo, his wife and the
deceased boarded auto rickshaw to go to Corporation Hospital. Auto
rickshaw stared following Dahisar road. At Dahisar check post all of them
got down from the auto rickshaw and from there they went by bus to
Corporation Hospital. On the request of the deceased the Medical Officer
of the Hospital admitted his brother in the Hospital. Thereafter, they
returned back to Dahisar. After alighting at Dahisar, he started searching
for an auto so that they can reach Vaklan. They got one auto rickshaw. He
and Ananta Bhoir boarded the auto rickshaw. One lady copassenger got
down at village Bighu and another lady copassenger got down at some
distance in the same village. He and Anant Bhoir were the only two
passengers left in the auto rickshaw. When auto rickshaw reached near the
house of Dnyaneshwar Patil, one other auto rickshaw came in front of their
auto and stopped them. 4 to 5 persons alighted from that auto rickshaw.
He also got down from their auto. Those 4 to 5 persons started abusing.
They were armed with swords. They threatened Ananta Bhoir not to spare
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since he was found after long gap. Names of those persons were Manohar
B. Patil, Dinkar Balkrushna Patil, Sandip Balkrushna Patil. He could not
see the faces of remaining two persons. They started assaulting the
deceased. He got frightened and he ran towards the village Vaklan. He
straight way went to the house of Ananta Bhoir. After crossing the distance
of 40 to 50 ft. he looked behind and witnessed a crowd of 10 to 15 people.
He reported about the incident to Eknath Bhoir (PW 1) brother of Anant
Bhoir. Eknath Bhoir, therefore, went to the place of occurrence and the
witness followed him. That time he witnessed 20 to 25 people raising
shouts as “Mara Mara”. After some time, son of Anant Bhoir brought
Armada Jeep. The witness with the assistance of Sakharam Aba, Laxman
Aba and Eknath Dinkar put injured in the jeep and took him to Thane Civil
Hospital for Medical Treatment. Ananta had sustained injuries on his face,
legs and hands. On the way to hospital, they stopped jeep at Shilphata
Police Chowky. Laxman Aba got down at Shilphata for reporting about the
incident. From there they went to Thane Civil Hospital.
In crossexamination, he stated that house of Eknath Bhoir is
at the distance of 4 to 5 minutes by walking from the house of
Dnyaneshwar Patil. He stated that it was true that it was not visible from
the house of Dnyaneshwar Patil. He denied that the distance between the
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house of Dnyaneshwar Patil and the house of Eknath Bhoir could take 15
minutes by walk. Police did not seize his wearing clothes. It was true that
the police had made him sit in the police station for two days and recorded
his statement on the subsequent day. After recording his statement, he was
allowed to leave the police station. He said, “ It is false to say that police
were insisting upon me to take names of Vitthal Balkrushna Patil, Manohar
Balkrushna Patil and Sandip Balkrushna Patil for two days and I was
continuously refusing ”. He further said, “ I had stated to the Police that the 5
persons alighting from auto Rickshaw threatened Ananta Bhoir not to spare
since he was found after a long gap. I had disclosed names of three persons as
Dinkar Balkrushna Patil, Manohar B. Patil and Sandip Balkrushna Patil by
giving statement. I cannot assign any reason as to why these facts are not
recorded in my statement .” He further said, “ I disclosed to the police that
those 5 persons dragged Ananta Bhoir from the auto rickshaw and started
assaulting him. I had stated before the Police that while running towards the
house of Ananta Bhoir I looked back and witnessed crowd of 10 to 15 people
on the spot. I cannot assign any reason as to why these things do not find in
my statement. ”
7. PW 4 – Sakharam Aba Patil, has stated that he was running a
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grocery shop in Joshi Ali locality. On 26 May, 2001 he was present in his
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shop. At about 4.00 p.m. quarrel had taken place between the Corporator
Ananta Bhoir and Dinkar Balkrishna Patil. He thought his brother also
must have been beaten by Dinkar Balkrishna Patil, Manohar Balkrishna
Patel, Ganesh Rama Patil, Sandip Balkrishna Patil and Ananta Balkrishna
Patil. And therefore he went to the spot of incidence. His brother Laxman
Aba Patil, however, was not present at the place of quarrel. He witnessed
Ananta Bhoir lying in pool of blood on the spot. He requested the accused
not to assault Ananta Bhoir. Accused Manhar and Dinkar were possessing
swords in their hands. Accused Ganesh was possessing a stick. There was a
chopper in the hands of Dinkar. The said accused started assaulting the
witness. Accused Manohar inflicted a blow on his back with bottom side of
the sword. All the said accused were sitting before the court. Other persons
were also there on the spot. All of them were present in the Court as
accused. Meanwhile, daughter of Ananta Bhoir arrived on the spot and
converged on his body just to protect him.
In his crossexamination, he stated that it takes 2 to 3
minutes from his shop to reach the house of Dnyaneshwar Patil. All the
accused are the residents of his village. Many people assembled in front of
the house of Dnyaneshwar Patil. All of them were weeping. After learning
about the incident, brothers of Ananta Bhoir including Eknath Bhoir came
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on the spot. Villagers brought police on the spot after one and half hours.
Tension was created in the village after the incident. It was true that
Ananta Bhoir was exCorporator of their village. They had assisted him in
contesting the election. He was maintaining good relations with Ananta
Bhoir as also with all the accused. The accused were maintaining good
relations with deceased Ananta Bhoir. He denied that he was used to
alcohol. He also denied that at the time of making statement he was under
the influence of liquor. He took Ananta Bhoir to hospital. His clothes were
not stained with blood. He had a talk with police at Mumbra Police
Station. Tigre Police outpost and Mumbra Police station are at a distance
of 4 Kms. from each other. He narrated the incident to the police.
Thereafter he had never been to the police station.
In his crossexamination by other accused, he stated that
Laxman Aba Patil is his real brother. He knew that his brother Laxman Aba
Patil was also examined as a witness in this case. Laxman Aba Patil's shop
was adjacent to his grocery shop. They reside in the neighbourhood of
each other. Then the witness said, “ I had not stated before the police that I
thought that accused Dinkar Balkrishna, Manohar Balkrishna, Ganesh
Rama, Sandip Balkrishna, Ananta Balkrishna might have assaulted my
brother Laxman. ” When certain omissions were pointed out, he said, “ I had
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stated before the police that there was a sword in the hands of accused
Dinkar. I cannot assign any reason as to why police did not mention it in my
statement .” He denied having stated before the police that the accused
Ganesh was possessing a stick and accused Dinkar was possessing
Chopper. He then stated that accused Manohar, accused Ganesh and
accused Dinkar had only assaulted him. Each accused inflicted 23 blows of
the weapon on him. He had sustained only two injuries on his back. He
had shown both the injuries to the medical officer. The witness also said
that it was false to state that the accused did not assault him. Thereafter,
many many omissions were pointed out to him and he submitted that he
cannot assign any reason as to why the police had not recorded it in his
statement.
8. These were the four witnesses who were projected as eye
witness but this Court earlier found their evidence not sufficient, therefore,
remanded the case back for recording the testimony of those cited
witnesses who had not been examined in depth. The witnesses examined
after remand were PW 16, PW 17, PW 18, PW 19 and PW 20. Testimony of
PW 15 will be taken at a later stage as he was an Investigating Officer,
whose further examination and crossexamination has been directed in the
remand order.
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9. PW 16 – Hemant Ananta Bhoir, was projected as eye witness
in the charge sheet. He stated that he has seen all the accused. He stated
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that on 26 May, 2001 after taking lunch at his residence at about 4.00
p.m., he had proceeded towards his grocery shop. At that time Shri Ratan
Mhatre (PW 3) rushed to his residence and he told him the names of the
accused persons and also told him that those persons were assaulting his
father by sticks, iron bar, sickle, chopper, knife and sword. PW 3 also
informed him that the accused persons were assaulting his father in front
of the house of Dnyaneshwar Rama Patil. Thereafter, he, his uncle (PW 1)
and others rushed to the place of occurrence. Accused No.1, Accused No.5,
Accused No.11, Accused No.24, Accused No.6, Accused No.9, Accused
No.14, Accused No.2, Accused No.10, Accused No.25, Accused No.22,
Accused No.23, Accused No.13, Accused No.19, Accused No.18, Accused
No.12, Accused No.26, Accused No.15, Accused No.8 and Accused No.21
were seen by him with different weapons like swords, knife, chopper, iron
bars, sickle, etc. attributed to all the accused and he identified weapons.
He could see dozens of accused and he could also remember which of the
accused had which of the weapons in his hand. He further stated that all
these accused persons were assaulting his father with the weapon they had
in their hand. When his father fell down the accused were saying that his
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supporter should also be beaten. Accused have thereafter left the place of
occurrence. Thereafter, he, his uncle Eknath Bhoir, Laxman Patil and
Ratan Mhatre went to the spot. His brother brought jeep. His sister
provided drinking water to his father. She was present before they reached
the spot. When he saw his father, he was having severe injuries on his
body. They immediately took deceased in jeep to Daighar Outpost within
Mumbra Police Station and thereafter his father was taken to Civil
Hospital, Thane. After examining, the Doctor had declared him dead.
During investigation, the police had recorded his statement twice. He also
identified the weapons shown to him as Articles P1 to P5. He also
identified the Articles P6 to P14.
In his crossexamination, he stated that his statement was
recorded by the police as per his dictation. His statement in the police
station was recorded by Shri Deshmukh, Police Officer. Then certain
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portion of the statement recorded on 27 May, 2001 was read over to him
and he stated that he had not made such a statement before the police.
Certain statements which he made before the Court were not in his
statement before the Police and he could not give any reason for that.
There are omissions and additions in his statements which have been
accepted.
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10. PW 17 – Balkrushna Keshav Patil, submitted that he was a
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rickshaw driver. On 26 May, 2001 his parents had gone to Vashi to bring
some articles. He had gone to Dahisar Naka to bring them. On that day he
had not taken his auto rickshaw to Dahisar. Shrinath Laxman Patil was his
friend. He was also a rickshaw driver. He saw his friend was shaving at
about 3.30 to 3.45 p.m. His vehicle had registration number MH05D635.
There were 5 passengers seated in his auto rickshaw. Out of them 3 were
male and 2 were ladies. He told him to take his rickshaw to Vaklangaon.
Accordingly, he took the said rickshaw towards village Vaklan. He was
knowing Corporator Shri Ananta Bhoir amongst the said passengers. Out
of the said passengers, 2 ladies alighted from auto rickshaw near village
Nighu. Thereafter, he proceeded towards the village Vaklan. When he
reached Vaklan, one auto rickshaw came across his auto rickshaw. In the
said autorickshaw there were assailants and they were near about 5 to 6
persons. Corporator Ananta Bhoir (deceased) alighted from the auto
rickshaw and started fleeing. The assailants were armed with swords and
they started assaulting the Corporator. At the relevant time, about 25 to 30
persons were there. They were having iron bars and sticks with them. He
was frightened and fled away. The assailants who assaulted the deceased
were present before the Court. He identified accused Dinkar Balkrushna
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Patil and accused Manohar Balkrushna Patil. He could not identify any
other accused. He, however, identified the Articles P1 to P14.
In the crossexamination, he stated that on the day of
occurrence, he was not having rickshaw licence with him. He had been to
Dahisar Naka at about 2.30 p.m. to 3.00 p.m. His parents had gone to
Vashi in the morning. His statement was recorded by the police during
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investigation on 28 May, 2001. After the incident he had seen the
accused persons for the first time in the Court. He further stated that it
was true to suggest that no identification parade was held where he could
identify the accused. In further crossexamination by the advocate for some
other accused, he stat ed that as he was frightened, he did not rush to the
police station to inform about the incident. He also accepted that neither
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on the day of incident nor on 27 May, 2001 he informed the police
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station about the incident. On 28 May, 2001, i.e. 2 days after the
occurrence, his uncle Manik Patil took him to the police station. He
accepted that in his statement before the police he had not given any
description of the assailants.
11. PW 18 – Vinod Ananta Bhoir, son of the deceased, submitted
that he and his elder brother Hemant Bhoir have a shop at village Vaklan.
PW 16 is his brother, who also maintains the shop along with him. He and
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PW 16 had come to the residence in the noon for lunch. At about 3.30 to
4.00 p.m. he and his brother started to go back to their shop. In the
meantime, PW 3 came and he informed them about the assault on his
father. He also narrated the story as has been narrated by PW 16 and also
gave the names of the accused along with weapons they were holding. He
also identified Article P1 to P14.
In crossexamination he stated that his statement was
recorded by the police at his residence at 11.30 a.m. in the midnight.
Cremation of the deceased was performed between 9.00 to 10.00 p.m. on
the same day and his statement was recorded after the cremation of his
father. His statement was recorded as per his dictate. Thereafter omissions
and improvements were suggested to the witness, which were almost all
accepted.
12. PW 19 – Sau Suvarna Ramakant Patil is the daughter of the
deceased. She came to know, when she was at home, that the quarrel had
taken place in front of the residence of Shri Dnyaneshwar Patil. She rushed
to the place of occurrence and found 30 to 35 persons present. 57 persons
were assaulting her father and they were standing there. Witness stated
after recounting, others were not assaulting. 5 to 7 persons were assaulting
her father by means of swords, chopper and knife. Others were having
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sticks and iron bars with them. She asked somebody from the family of
Dnyaneshwar Patil to bring water and gave it to her father. In the
meantime, her uncle PW 1 and PW 16 came there. She identified the
accused present in Court. She also accepted the omissions and
improvements in her statement. She also stated that the police recorded
her statement after 15 days of the occurrence.
13. PW 20 – Ananta Valku Kharpatil, submitted that his sister is
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Prema Balaram Bhoir. On 26 May, 2001 he had gone to the village
Vaklan to see his sister. He was going by auto rickshaw. It was at about
3.30 to 3.45 p.m. 2 ladies, 2 other male persons, his son along with him
were going in rickshaw from Dahisar. One of the lay alighted from the said
rickshaw near Ruile, another lady alighted at village Bamali. While
proceeding towards Vaklan village, all of a sudden one auto rickshaw came
across the rickshaw in which he was sitting. The autorickshaw driver
applied brakes instantly. As the autorickshaw driver had applied brakes
abruptly, the bag containing Mangoes which was in the hands of his son,
fell down. He tried to see whether his son had sustained any injury. All of a
sudden he heard the utterances “Mara”. He was frightened. He along with
his son jumped from rickshaw and fled away. One of the said 2 persons,
who were still in the auto rickshaw, preferred to stay in the rickshaw,
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however, person who was on the right side had already alighted from the
rickshaw. He did not know the persons who were along with him in the
auto rickshaw. He also did not know as to who were the passengers in the
rickshaw which had come across their rickshaw.
14. PW 15 – Laxman Balwantrao Deshmukh, is the Investigating
Officer, who was examined and crossexamined initially and again cross
examined after remand. But before his evidence recorded at 2 different
points of time is discussed, a look at the statement of the other witnesses is
necessary.
15. PW 6 – Dr. Tejaswini Uddhavrao Bhagat, is the Medical
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Officer, who conducted the post mortem of the dead body on 26 May,
2001 at 9.07 p.m. and found 21 injuries. They were almost all over the
body, covering chest, scalp, face, left elbow joint, wrist, fingers, right sole,
right angle ankle joint, etc. Out of 21 injuries, only 1 injury was contused
abrasions and others were all incised wounds. She found the internal
injuries were corresponding to external injuries 1 to 6. The injuries were of
grievous in nature. According to her the injuries were possible by weapons
marked as Articles A1 to A15.
In her crossexamination, she stated that it was true that none
of the internal organs specified in column no.20 were damaged. She also
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submitted that it was true that she had not mentioned fracture to skull in
injury no.1. The person would have died after 2 to 3 hours after having
food. It was true that it takes near about 8 to 12 hours of the rigour motis
to develop fully all over the body. It was not correct to say that the person
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would have died between 10 a.m. to 12. p.m. on 26 May, 2001. It may be
point ed out at this stage that the doctor conducted post mortem at 9.07
p.m. whereas PW 18, who is son of the deceased, has contended in his
statement that the cremation took place between 9 to 10 p.m. and by
11.30 his statement was recorded by the police. It is submitted that it is
hard to believe that when the post mortem was started at 9.07 p.m. as it
stated in the Post Mortem Report, how can the cremation take place
between 9 and 10 p.m. In Co.4(b) of the post mortem report, Exh.53, it is
shown that the P.M. was started at 9.07 p.m. and was completed at 10.45
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p.m. on 26 May, 2001.
16. PW 7 – Harishchandra Rajaram Bhoir, is a panch witness to
discovery of swords on the disclosure of accused Sandip @ Pappya.
According to this witness, the accused had kept sword in bushes behind
the house of Janardhan Patil. He made the statement before the witness
and panchnama was Exh.55. The accused led the police and panchas
behind the house of Janardhan Patil and took out sword from the bushes
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and produced before the police. This happened on 2 June, 2001. On 8
June, 2001, he was called by the police again. This time accused
Chandrakant Mahadu Patil made a statement and led the team to get a
chopper kept in the bushes, near the house of Kailas Patil. The panchnama
was Exh.57. The seizure panchnama was Exh.58. He identified the Articles
A10, A11 and A13 as the weapons resembling as those which were
seized. He also identified the accused Nos.11 and 4 before the Court.
17. PW 8 – Lalchand Parshuram Patil is another witness who was
the panch to the seizure of earth at the place of occurrence which was
blood stained. He was also witness to seizure of few sticks and 3 foot
wears and 1 sickle. A panchnama was prepared. He signed the panchnama
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being Exh.39. This happened on 26 May, 2001. On 28 June, 2001 he
was called again by the Mumbra Police as Panch. Accused Ananta Patil was
present and he made disclosure and then led the team at Valkan near the
house of Kailas Patil and took out the sword from bushes and produced
before the police. He identified the panchnama and seizure panchnama,
Exh. 63 and 64. Again on the next day he was called by the Police. Accused
Balkrushna Mahadu Patil was present in the police station, He made
disclosure and led the team to the discovery of a sickle near the Jujabe
tree. He identified his signature on the panchanama and seizure
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panchnama, Exh. 65 and 66.
18. PW 9 Madhukar Govardhan Patil, is again a panch witness.
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He was called by the police on 30 May, 2001. Accused No.1 Dinkar
Balkrushna Patil was present in the police station. He made a disclosure of
auto rickshaw and his scooter. Memorandum of Panchanama was
prepared, Exh.68. The witness stated that the accused then accompanied
the panch and police team to village Taloja near Sai Saburi Hotel. The
accused pointed out the auto rickshaw and scooter which were standing in
front of the hotel. Police seized both the vehicles and a seizure
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panchanama, Exh. 69, was prepared. On 1 June, 2001, he was again
called to the police station and accused Rohidas Sakharam Patil made a
disclosure, by Exh.70 and led the police team and the pancha to village
Valkan near the house of Harishchandra Patil and took out a sword from
the heap of wooden planks and produced before the police. Exh.71 is the
seizure panchanama exhibited by him and he identified his signature. On
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3 June, 2001, he was again called to act as panch by the Police to the
discovery of sword. Accused No.1 Dinkar Balkrushna Patil was present in
the police station. The accused made disclosure vide panchanama, Exh. 72.
The accused thereafter led the team to recover the sword in village Vaklan
behind the house of Shankar Patil. He took out the swords from thorny
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bushes and produced before the police. Seizure panchanama was
prepared, Exh.73 and he identified his signature on the same.
19. PW 10 – Hanuman Laxman Mhatre, was summoned by the
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police in Mumbra Police Station on 3 June, 2001 when accused Sunil
Rama Patil was present in the police station. He made disclosure, vide Exh.
75 and led the team near the house of Shankar Bapu Patil in Village
Vaklan and took out the sword from thorny bushes behind the house of
Shankar Patil. Exh.76 is the seizure panchnama. He identified his
signature.
20. PW 11 – Atmaram Govardhan Patil, was witness to discovery
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and disclosure made by accused Dipak Balkrushna Patil on 2 June, 2001
vide. Exh.80 and 81. According to this witness, the accused led them to
recovery of chopper from village Valkan near a newly constructed house.
The accused took out a blood stained chopper from the thorny bushes.
Seizure panchnama was prepared.
21. PW 12 – Lahu Shantaram Patil, was called at the police station
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on 10 June, 2001. Three accused were brought to the police station. The
said accused were identified by him sitting in the Court as Accused Nos.12,
13 and 18. A panchnama was drafted of their arrest and memorandums
were prepared, being Exhibits 83, 84 and 85. He stated that the accused
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led them to BombayPune Road. Thereafter, they went to Dahisar. From
there the accused persons led them to village Vaklan. Accused told them to
stop the vehicle near the house of Kailash Motiram and they alighted
there. The accused took out 3 iron rods from thorny bushes on backside of
house of Kailash Motiram. The Police seized them and 3 seizure
panchanamas were prepared, being Exh. 86, 87 and 88. He identified his
signature. He also identified the 3 iron rods shown to him. They were
marked Articles A5, A6 and A7. This witness has no where in his
statement said that any disclosure was made by the accused persons.
22. PW 13 – Dattatraya Namdeo Borate, was the Police Sub
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Inspector attached to Mumbra Police Station. On 26 June, 2001 he was
on duty. At about 5.30 p.m. the complainant Eknath Dinkar Bhoir came to
the police station and lodged F.I.R. against the accused. According to him,
the accused had murdered his brother Ananta Dinkar Bhoir. The accused
had also caused injuries to some associates of Ananta Bhoir. He drafted the
F.I.R. of complaint of the complainant as per his narration. The F.I.R. was
shown to him. It bore his signature and endorsement and marked Exh.41.
The witness registered an offence against the accused under Sections 147,
148, 149, 302, 324, 323, 504, 506 r/w 34 of the Indian Penal Code and
under Section 25(1)(c) of the Arms Act. Investigation of the offence was
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handed over to PSI Deshmukh on the very same day.
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In his crossexamination, he stated that on 26 May, 2001 his
duty hours were 9.00 a.m. to 9.00 p.m. Prior to 5.30 p.m. there was no
entry of the incident in Mumbra Police Station regarding the incident.
Digher outpost is at a distance of 6 kms. from Mumbra Police Station. One
head constable and 4 constables were deputed at Digher outpost. No police
official of the rank of P.S.I. or above was deputed at Digher Outpost.
Station diary is maintained in Digher outpost. Occurrence number of the
offences are entered in the station diary of outpost. He first wrote down
the F.I.R. and then got typed from writer constable. Thereafter, he said
that the writer constable typed it under his direction. Name of writer
constable was Mr. Tadve. There was no scoring in the F.I.R. except 3 lines
in para 3. He could not assign any reason as to why he mentioned sections
of the offence. Station diary entry number and timing of registration of
offence were mentioned in hand writing in the F.I.R. He sent copy of F.I.R.
to the court concerned on subsequent day. Copy of F.I.R. was marked as
Exh.100. He denied that after having due deliberation with the
complainant, first he got F.I.R. prepared and then got it typed from writer
constable by adding names of accused.
23. PW 14 – Vijay Baburao Surve, is the Police SubInspector
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attached to Vartaknagar Police Station. He stated that on 26th May, 2001
he was attached to Mumbra Police Station. He prepared the inquest
panchnama of the dead body of Ananta Bhoir. He identified his signature
on Exh.50.
24. PW 15 – Laxman Balwantrao Deshmukh, is the retired Police
Inspector. He was examined and also crossexamined. But was again cross
examined after the order of remand by this Court.
He stated that in the month of May, 2001 he was attached to
Mumbra Police Station. He knew the accused Nos.1 to 30 were involved in
this case. The case was registered against accused Nos.1 to 30 in the police
station on the basis of the F.I.R. of complainant Eknath Dinkar Bhoir.
Investigation was handed over to him on the very day. First of all, he
visited the spot of incident at village Vaklan near the house of
Dnyaneshwar Rama Patil on public way. Few sticks, one sickle, few broken
pieces of glass, one blood stained pair of footwear, one black coloured
blood stained footwear were lying on the spot of incident. He prepared
spot panchanama, which was Exh. 39. Thereafter, he recorded statements
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of few witnesses. On 27 May 2001 he recorded the statements of few
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more witnesses. On 28 May, 2001 he went to village Taloja and arrested
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five accused. On 29 May, 2001 he added section 120B to the previous
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charges against the accused. Thereafter, on the very day, Police Inspector
Mr. Shaikh, under his guidance, arrested 14 accused. Panchnama of arrest
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was prepared, Exh.91. Thereafter, on 30 May, 2001 API Mr. Vakare
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arrested 2 accused. Arrest panchnama was at Exh.92. On 20 June, 2001
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PI Vakare arrested four accused. Arrest panchanama was Exh.107. On 25
June, 2001 PSI Chavhan arrested three more accused. Arrest panchanama
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was Exh. 93. On 31 May, 2001, accused No.1 Dinkar Balkrishna Patil,
agreed to discover the autorickshaw and scooter used in committing the
offence. Accordingly, he prepared memorandum panchanama.
Panchanama was Exh.68, which was shown to him. It bore his signature.
Thereafter he referred to other panchnamas about disclosure and
recoveries made at the instance of certain accused at different dates and
different places. He stated that it transpired during his investigation that
all the accused had hatched conspiracy and committed murder of Ananta
Dinkar Bhoir on the date, time and place of incident. After completing
investigation, he filed charge sheet against 30 accused. He identified all
the accused except accused Nos.20 and 21 who were absent on the day he
appeared in the court. Accused No.27 was dead.
In his crossexamination, he stated that he was present in the
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police station on 26 May, 2001 and the offence was registered under his
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guidance. In cases of murder, some times, they record F.I.R. on typewriter
and sometimes in hand writing. Since the typewriter was available in the
police station, he asked PSI Borade to get the F.I.R. typed. Occurrence
report was not registered in Tiger Police outpost. He did not recollect as to
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whether he had verified the station diary on 26 May, 2001. He stated, “ It
is false to say that the complainant had lodged a detail occurrence report to
Diaghar Police outpost. It is false to say that the complainant had mentioned
in the occurrence report that dead body of Ananta Bhoir was lying on
outskirt of village Vaklan. It is false to say that in the occurrence report, the
complainant did not raise suspicion on anybody in respect of killing of
Ananta Bhoir. It is false to say that according to him, some unknown person
had killed his brother Ananta Bhoir. It is false to say that I had gone through
the occurrence report and since it was favouring the accused persons, I
deliberately suppressed it from the chargesheet.” He further stated, “ It is
true that I did not arrange for test identification parade of accused persons,
in respect of the 3 witnesses. It is true that I have seized one scooter during
the investigation of offence. The accused No.1 Dinker Patil is owner of the
scooter. I do not know as to whether it has been released on supratnama
bond or not. I do not recollect as to whether accused No.1 Dinker Patil was
the owner of the scooter or not. I have seized both the autorickshaw during
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investigation.” Thereafter he said, “I had seized only one autorickshaw. I
traced out owner of that autorickshaw. His name is Srinath Laxman Patil.”
The witness recorded the statement of Srinath Laxman Patil. Thereafter, he
stated he did not record his statement . The witness could not assign any
reason for that. He further said, “It is false to say that he had stated before
me that on the date and time of incident, the autorickshaw was in his
possession and it was not utilised for any illegal purpose and hence, I did not
record his statement.” Then he was shown the statements of almost all the
witnesses and omissions and improvements were also pointed out to him
and whatever improvements were made by the alleged eye witnesses and
about the improvements in their statements made before the Court by the
alleged eye witnesses, this witness was emphatic that the witnesses had
not made such statements before him. Then he stated, “It is true that the
autorickshaw and scooter were seized in front of Shraddha hotel. I did not
record statement of proprietor of Shraddha hotel. I did not feel it necessary.
Shraddha hotel is situated on highway. The people going in Shraddha hotel,
park their vehicles in front of the hotel.” Then he said, “It is false to say that
for recovery panchanamas, I invited the close relatives of complainant's
family only. It is false to say that the complainant himself provided me panch
witnesses for recovery panchanama. It is false to say that I prepared false
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spot and recovery panchanamas with the assistance of interested panch
witnesses provided by the complainant. It is false to say that I prepared all
the memorandum and recovery panchnama by siting in police station and
obtained signatures of panchas in the police station. It is false to say that
none of the accused agreed to discover anything to the police and none of
them discovered anything subsequently.” The witness then said, “It is true
that I sent the articles to C.A. Laboratory after 45 days from the date of
incident”. The witness denied that after arrest of accused No.13, Ananta
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Janardan Patil, he told him that on the date of incident i.e. on 26 May,
2001 he was present on his duty in the company at Taloja. He further
denied that he deliberately did not place the documentary evidence in that
respect on record. He denied that accused No.15 had also disclosed that
he was on duty on the date of incident.
In his crossexamination by the advocate for the other
accused, he stated that he did not record the statements of Vasudeo Rama
Mhatre and his wife to whom Ananta Bhoir had taken to New Bombay
Municipal hospital. He recorded the statements of Autorickshaw driver
and passenger Ananta Balku Kharpatil as eye witnesses. He admitted that
both of them did not disclose name of any accused. Thereafter he said, “It
is true that PW 2 did not state a sentence before me that he witnessed Dinker
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Patil, Manohar Patil, Ananta Patil, Sandip Patil, Dipak Patil, Balkrushna
Patil, Sunil Patil, Rama Patil, Ganesh Patil, Naresh Patil, Santosh Patil,
Sadanand Patil, Motiram Patil, all armd with swords, choppers, iron rods
and sticks standing in front of their houses. He did not utter sentence before
me that 45 accused boarded an autorickshaw of Manohar Motiram Patil
and Dinker Patil asked him to start his autorickshaw. He had not stated a
sentence before me that without coming across the accused, he went to his
cattleshed by different route from back side. He had not stated a sentence
before me that the accused Manohar Balkrushna Patil and Gurudas Patil
gave a signal to the remaining accused to stand up.” Thereafter he stated,
“PW 2 Laxman Aba Patil had not stated before me that within five minutes,
an autorickshaw arrived on the spot and accused said Ananta Bhoir as to
how he could escape from their clutches. He had not stated a sentence before
me that accused Dinker inflicted blow of sword on the head of Ananta Bhoir
and accused Manohar also delivered a blow of sword on Ananta Bhoir and
accused Ananta Patil also inflicted a blow of sword on him. PW 2 had not
stated a sentence before me that accused Sandip Patil also delivered a blow of
sword no Ananta Bhoir and accused Dinker Patil was possessing a chopper
and he pierced chopper in the mouth of Ananta Bhoir. PW 2 did not state a
sentence before me that thereafter,the accused felled Ananta Bhoir on the
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earth and thereafter accused Balkrishna Patil instigated other accused to cut
him into pieces. He had not stated a sentence before me that accused
Balkrishna Patil was possessing a sickle in his hand and he delivered blows of
sickle on Ananta Bhoir and threw it on his person. He had not stated a
sentence before me that Eknath Bhoir and Ratan Mhatre arrived on the spot
and he encouraged them that he would follow them on the spot of incident”.
Thereafter the witness further said, “I have recorded statement of PW 3
Ratan Rama Mhatre. He had not stated before me that wife of Vasudeo also
accompanied him in the hospital. He had not stated a sentence before me
that five persons alighting from auto rickshaw threatened Ananta Bhoir not
to spare since he was found after a long gap. He had not disclosed before me
the names of 3 persons as Dinker Balkrishna Patil, Manohar Balkrishna Patil
and Sandip Balkrishna Patil. He had not stated before me that five persons
dragged Ananta Bhoir from the auto rickshaw and started assaulting him.
He had not stated a sentence before me that while running towards the house
of Ananta Bhoir,he looked behind and witnessed a crowd of 10 to 15 people
on the spot. He had not stated a sentence before me that he requested Ananta
Bhoir that doctors of Corporation hospital were not paying any heed to the
medical treatment of his brother Vasudeo and hence he asked Ananta Bhoir
to accompany him to the hospital and request the doctors to offer necessary
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medical treatment to Vasudeo. It is false to say that I had made to sit the
witness Ratan Rama Mhatre continuously for two days in P.St. It is false to
say that I had recorded his false statement and made him to depose falsely in
the court also.” Thereafter regarding the statement of PW 4, the witness
said, “ I have recorded statement of P.W.4 Sakharam Aba Patil. He had not
stated a sentence before me that there was a sword in the hands of accused
Dinkar and accused Ganesh was possessing a stick and accused Dinker was
possessing a chopper. He had not stated sentence before me that accused
Ganesh was assaulting Ananta by means of a stick. It is true that it did not
transpire to me in the investigation that accused Dinker and Ganesh
assaulted Sakharam Aba Patil. It is false to say that I have recorded
statements of witnesses related to the complainant and deceased only. It is
false to say that I wrote names of panchas witnesses later on the
panchanamas and prepared false panchanamas. It is false to say that I
created false evidence against accused and filed false chargesheet against
them. I did not conduct investigation as to whom the footwear lying on the
spot of incident were belonging.”
This witness was then again crossexamined after the order of
remand by this Court. Though this crossexamination is a very long cross
examination but emphasis was on the fact that certain important witnesses
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42
were not examined and certain statements attributed to the witnesses were
not made by them. But the most important aspect of the case was narrated
in his crossexamination by the defence, when he was asked as to whether
Shri Katkari was the Police Patil of village Vaklan on the day of occurrence
th
i.e. 26 May, 2001. He said that he did not recollect as to whether Shri
Katkari was the Police Patil of the Vaklan village. Then his attention was
drawn by the defence to the Station Diary entry no.20 dated 26/5/2001
recorded at 4.45 p.m. in station diary of Diaghar Outpost. He said, “It is
correct to suggest that in the Station Diary entry at Sr. No.20 now shown
tome, there is reference of Police Patil Shri Katkari of Village Vaklan”. Then
the entry No.20 was read over to this witness by the defence and he said,
“It is true to suggest that in entry at Daighar post at Sr.No.20, recorded at
4.45 p.m., it is mentioned that as Police Patil Shri Katkari of village Vaklan
had brought Shri Anant Bhoir of the said village in an injured condition, he
was sent to hospital along with Police constable Shri Raut, Buckle No. 1751
and that therefore, information of the said incident was conveyed to PSI
Surve is also mentioned.” Thereafter the attention of the witness was drawn
to the certified copy of the station diary entry at Sr.No.20, and he said,
“The said entry now shown to me is the same. It is correct. It is at Exh.D183.
I had not gone through the said entry during investigation. It is correct to
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43
suggest that during the investigation,it was revealed that injured deceased
Ananta Bhoir was initially brought to Outpost Daighar in an injured
condition. I do not recollect today as to whether or not after it was so
revealed, I had made any enquiry to that effect at Daighar Outpost.”
Thereafter his attention was drawn to the Station diary entry No.21 dated
26/5/2001 recorded at 17.30 hrs. and he said, “It is correct to suggest that
there is entry at Sr.No.21 to the effect that by virtue of my order, to bring
photographer and Shwanpathak, somebody was sent to Kousa and police
station” . Then the witness was shown the certified copy of station diary
No.21. He said that the entry shown to him was correct. It was at Exh.D
184. Then he further said, “It is true to suggest that said order issued by me
was in connection with the crime in question. It is true to suggest that no
photographs nor report by dog squad have been produced along with the
chargesheet. It is true to suggest that in the event of undetected offenders,
the help of dogsquad is to be taken. It is true to suggest that as I was not
aware as to who were the culprits regarding the said crime till 17.30 hours, I
had made such order for dogsquad.” Then his attention was drawn to entry
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No.18 recorded at 14.15 hrs. on 26 May, 2001 at Police Outpost Daighar
and he said, “ It is true to suggest that as per the said entry the then police
constable Shri Raut, Buckle No.1751 had joined his duty at Outpost at
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relevant time.” The certified copy of the said entry was shown to him and
he found it to be correct and it was exhibited as Exh.D185. Then he said
that during investigation he did not record the statement of the said Police
Patil Shri Katkari. He admitted the suggestion that no police officer
attached to Police Outpost Daighar at relevant time had recorded any
statement of Police Patil Shri Katkari. Then he said, “It is true to suggest
that as per Station diary entry No.20, Anant Bhoir (Deceased) was brought
in an injured condition to police outpost Daighar for the first time by Police
Patil Shri. Katkari. I do not recollect as to whether or not Katkari Wadi of
village Vaklan is out of the village limits of village Valkan. During
investigation I did not make any note as to what was the report of the dog
squad. It is true to suggest that as per the said entry, the then police
constable Shri Raut had accompanied Ananta Bhoir (deceased victim) to
Civil Hospital, Thane. I am unable to state as to who recorded the said
station diary entries at relevant time at Daighar Outpost”. Then his attention
th
was drawn to Station Diary Entry No.25 dated 26 May, 2001 recorded at
20.00 hours at Outpost Daighar and he accepted the entry to be correct
and accepted that according to this entry, the police constable Shri Raut,
who had accompanied to the deceased has returned to the Daighar
Outpost from the Civil Hospital at about 8.00 p.m. Then his attention was
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45
drawn to entry No.24 of Station Diary of Mumbra Police Station dated
26th May, 2001. He accepted this entry to be correct and said, “It was true
to suggest that as per this station diary entry, the then P.S.I. Shri Surve
along with police constable Shri Bhosale had proceeded to hospital to record
statement of victim Shri Anant Dinkar Bhoir (Deceased) who was admitted
in the Hospital.” This entry is exhibited as Exh.D187. He did not make any
inquiry as to whether the PSI Surve had recorded any statement of Ananta
Bhoir. The witness did not record the statement of PSI Surve. He stated
that he was present in the police station when deceased was brought to
Mumbra Police Station. He accepted another entry as Exh.188 pertaining
to station diary entry No.24 which shows that constable Thakur, Buckle
No.920 along with SRP Platoon No.3 Group No.1 had proceeded towards
th
village Vaklan on 26 May, 2001 at 19.10 hrs. He did not recollect as to
who scribed the station diary entry Exh.D187 at Mumbra Police Station.
His attention was then drawn to Entry No.25 recorded at 17.40 hrs. at
Mumbra Police Station and he stated that it was true that as per said entry
PSI Surve from Civil Hospital, Thane, informed that Shri Ananta Dinkar
Bhoir had died at about 17.35 hrs. This entry was marked Exh.D189. Both
Exh.D187 and D189 were recorded by the same officer and he was Police
Constable Shri Pathak. He did not feel it necessary during investigation to
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46
record the statement of the then constable Shri Pathak. He also did not
feel it necessary to record statement of Police Patil Katkari, Police
Constable Raut, PSI Surve and Police Constable Bhosale. At 17.45 hrs. on
26th May, 2001 he had instructed PSI Surve to prepare inquest
panchanama, which is reflected in entry No.26. It was marked as Exh.D
190. He accepted that according to inquest panchanama, Exh.50, the
inquest was started on 17.45 hrs.
In his further crossexamination, he stated that during
investigation he had recorded the statements of the daughter and son of
the deceased. He recorded the same after about 2 days of the incident. He
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recorded statement of PW 16 on 27 May, 2001.
25. The evidence of PW 1 to PW 4, who were projected as eye
witnesses and who were examined earlier was concerned by this Court
while ordering an order of remand. The court found their evidence to be
insufficient. We have also seen the evidence and on the basis of this
evidence it is difficult to convict any of the accused. Thereafter, the Court
tried to get other eye witnesses examined, who have now been examined
as PW 16, PW 17, PW 18 and PW 19. PW 20 was the Investigating Officer
who was also examined.
26. PW 16 Hemant Ananta Bhoir, stated that at about 4.00 p.m.
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he had proceeded towards his grocery shop. At that time Shri Ratan
Mhatre rushed to his residence and disclosed the names of accused persons
and also told him that the accused persons were assaulting his father by
means of sticks, iron bar, sickle, chopper, knife and sword. It was PW 3
who had informed him that the accused persons were assaulting his father
in front of the house of Dnyaneshwar Rama Patil. Thereafter PW 1 and
other rushed to the place of occurrence. Now if this witness is to be
believed then nobody was real eye witness to the occurrence except PW 3.
But all the witnesses claimed that they were eye witnesses. Whatever this
witness has learnt about actual incident, he learnt from PW 3. But this
again he improved and stated that each of the accused played what role in
the occurrence. He could see dozens of the accused and he could also
remember which of the accused had which of the weapon in his hand. He,
however, stated that all the accused persons were assaulting his father
with weapons they had in their hand. Then he said, after he reached his
uncle Eknath Bhoir, Laxman Patil and Ratan Mhatre went to the spot. His
brother brought jeep and they took the deceased in jeep to Daighar
Outpost within Mumbra Police Station and hereafter his father was taken
to Civil Hospital.
27. PW 17 Balkrushna Keshav Patil was another projected eye
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48
witness, who was a rickshaw driver, but had not take his rickshaw but had
taken the rickshaw of somebody else. Hew had 5 passengers. 3 were male
and 2 were lady. He knew Corporator Mr. Ananta Bhoir amongst other
passengers. After 2 lady passengers alighted near and village, he
proceeded towards the village Vaklan. From opposite side another auto
rickshaw came in which assailants were traveling. They were about 5 to 6
persons. They were armed with swords and started assaulting Corporator.
At that time, besides these 5 to 6 persons, 25 to 30 persons also came on
the spot. They were armed with iron bars and sticks. He got frightened and
fled away. He could identify only 2 of the accused in the Court. No
identification parade was carried according to him. As he was frightened,
he did not go to the police to inform about the incident. After two days of
the incident, his uncle took him to the police station. In his statement,
however, he admitted that he did not give description of the accused
person.
28. PW 18 Vinod Ananta Bhoir, is the son of the deceased. He
and his brother were running a shop at Vaklan. The other brother was PW
16. He and his brother came to the residence at noon for lunch. At about
3.30 to 4.00 p.m. he and his brother started to go back to their shop, PW 3
came and informed them about the assault by covillagers on their father
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49
Ananta Bhoir by weapons. He also narrated the same story, which was
narrated by PW 16 and for the reasons PW 16 is not believable the story of
this witness cannot also be believed.
29. PW 19 Sau. Suvarna Ramakant Patil, is the daughter of the
deceased. She was at home when she came to know of the quarrel had
taken place in front of the residence of Dnyaneshwar Patil. She rushed to
the place of occurrence. About 30 to 35 persons were present. Out of them
5 to 6 persons were assaulting the deceased and others were standing near
them. On the other hand, PW3, PW 16, PW 17 and PW 18 stated that all
the persons present were assaulting the deceased. They were assaulting
him with swords, chopper and knife. Others were having sticks and iron
barws with them. She asked somebody from the family of Dnyaneshwar
Patil to bring water and she gave it to her father. In the meantime, her
uncle PW 1 and PW 16 came here. She identified the accused persons in
the court. She accepted all that has been pointed out and also the
improvement made in her statement. She also accepted that her statement
was recorded by the police for the first time after 15 days of the
occurrence.
30. PW 20 Ananta Valku Kharpatil is another witness, who
statement was recorded after remand. On 26th May, 2001 he had gone to
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50
village Vaklan to see his sister Prema. He was going by auto rickshaw. 2
ladies, two other male persons, and his son were traveling along with him
in the auto rickshaw. After the ladies alighted from vehicle, 3 male persons
remained in the auto rickshaw. While proceeding towards Vaklan village,
all of a sudden one auto rickshaw came in the opposite direction and their
auto rickshaw driver applied brakes. As the auto rickshaw driver had
applied brakes abruptly, the bag containing mangoes, which was in the
hands of his son fell down. He tied to see whether his son had sustained
any injury. All of a sudden he heard the utterances "Mara" and he got
frightened. He along with his son jumped from the auto rickshaw and ran
away. Out of the two persons, who were still in the auto rickshaw, one
person preferred to stay in the auto rickshaw. The other person alighted
from the auto rickshaw. This witness did not say anything about the
occurrence.
31. PW 15 was the Investigating Officer, who was examined and
further crossexamined by the orders of this Court. His statement in itself is
the testimony to the fact that the full facts have not been brought to the
notice of the court. We have recorded his statement in detail.
32. Learned Counsel for the appellants submits that the testimony
of projected eye witnesses does not inspire confidence as they have
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51
contradicted each other. Besides that the Investigating Officer recorded the
statements of the son and daughter of the deceased after two days of the
incident. He further submits that as a matter of fact the true facts have
never been brought to the notice of the court, which is manifest from the
station diaries maintained at Mumbra Police Station and also at Daighar
Out Post. For the first time, according to this diary Shri Ananta Bhoir, the
deceased was brought in injured condition to Daighar Out Post at 16.45
hrs. Whereas all the witnesses stated that they accompanied the deceased
to the hospital were emphatic that they never took him to the police post.
Police Patil Shri Katkari accompanying the deceased Ananta Bhoir to the
Dighar Police Out Post at 16.45 hrs on the day of occurrence and he was
sent to hospital along with police constable Raut. The information was
given to PSI Surve. The Investigating Officer states that he did not find it
necessary to examine Police Patil Katkari or PSI Surve or Police Constable
Raut. It is contended by the learned Counsel for the appellants that as a
matter of fact the deceased was found in an injured condition by the Police
Patil and he took him to the Dighar Police Out Post and then to the
Hospital. No body was accompanying Ananta Bhoir, the deceased, to the
Police Out Post or to the Hospital except Police Patil Shri Katkari whose
testimony was, therefore, suppressed from the Court. He submits that the
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52
accused were not known to anybody. Therefore a dog squad was arranged,
which has been admitted by the Investigating Officer in his statement and
which is reflected in entry No.21 of the Dighar Out Post. The entry reads as
under:
"It is noted that, at the noted time on the orders of P.I. (Crime)
Shri Deshmukh, photographer and Dog Squad for our work are
sent to Kausa and police station.”
Shri Deshmukh is the Investigating Officer. He accepted that this Dog
Squad was called only to trace the accused persons in connection with the
murder of Ananta Bhoir. Then there is entry No.24 in Mumbra Police
Station, which shows that PSI Surve and Police Constable Bhosale went
with Ananta Dinkar Bhoir for recording his statement. That means after
going to Dighar Out Post, the injured was taken to Mumbra Police Station,
as this entry says, “ Since the person name Ananta Dinkar Bhoir . . . . . . had
suffered injuries; he was sent for medical treatment. Similarly, P.S.I. Surve
and P.C. Bhosale went with him for recording statements.” Nowhere in the
evidence of PSI Surve – PW 14, it is recorded whether he went to the
Hospital to record statement of the deceased or not. Then at 7.14, there is
an entry being Serial No.25, when PSI Surve informed from the Civil
Hospital, Thane, that Ananta Dinkar Bhoir had died at 5.35 p.m. and
Doctor had declared him dead. The Doctor who examined the deceased for
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53
the first time was not at all examined. He could have at least stated as to
who had accompanied the deceased to the hospital.
33. The case of all the eye witnesses was that they were present at
the spot, then took the deceased to the police station and then t the civil
hospital. Whereas, the record maintained by the police at the police
outpost shows that nobody had seen the occurrence and it was the police
patil Shri Katkari, who had reported the matter and Mr. Raut, Police
Constable had accompanied the deceased to the hospital. The police patil
Mr. Katkari was not even examined by the prosecution. Therefore, we have
two versions; one of the projected eye witnesses and another by the
Investigating Officer supported by the record. Both these versions can not
be reconciled. Therefore, we feel that the prosecution has not been able to
prove the case against the accused persons beyond doubt.
34. In view of the above, both the appeals are allowed. The
impugned Judgment and order dated 21st February, 2003 passed by the II
Adhoc Additional Sessions Judge, Thane, in Sessions Case No. 18 of 2002
convicting the accused Nos. 1, 2, 5, 6, 9, 10, 11, 12, 13, 18, 19, 22, 23,24
and 25 for the offences punishable under Sections 147, 148, 149, 341, 506
and 302 of the Indian Penal Code and sentencing to suffer rigorous
imprisonment for six months for the offence punishable under different
sections and also to suffer rigorous imprisonment for life for the offence
punishable under Sections 149 and 302 of the Indian Penal Code is hereby
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54
quashed and set aside. The accused / appellants in both the appeals are
hereby directed to be released forthwith if not required in any other case.
The fine, if any, recovered from them be also refunded. The bail bond, if
any, given by the accused who are on bail to stand cancelled.
Sd/
(BILAL NAZKI, J.)
Sd/
(A. R. JOSHI, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 270 OF 2003
SHRI ANANTA JANARDAN PATIL )
Aged 23 Yrs., Occ: Agriculturist, )
R/o. Village Vakalan, Tal. Thane, )
Dist. Thane. )
(All at present serving the sentence of )
rigorous imprisonment at Thana Jail) ).. Appellant.
(Org.Accused No.13 )
Versus
The State of Maharashtra ) .. Respondent.
: ALONG WITH :
CRIMINAL APPEAL NO. 285 OF 2003
1) DINKAR BALKRUSHNA PATIL, )
Age 32 years. )
2) DEEPAK BALKRUSHNA PATIL )
Age 20 years. )
3) MANOHAR BALKRUSHNA PATIL )
Age 27 years. )
4) ROHIDAS SAKHARAM PATIL )
Age 30 years. )
5) SUNIL RAMA PATIL )
Age 26 years. )
6) GANESH RAMA PATIL )
Age 23 years. )
7) SANDEEP @ PAPPA BALKRUSHNA )
PATIL, Age 25 years. )
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2
8) RAMA HARI PATIL )
Age 50 years. )
9) ANANTA JANARDAN PATIL )
Age 22 years. )
(Appellant No.9 (Orig. Accused No. )
13) deleted vide Court's order )
dated 1132003) )
10) SADANAND BOKYA PATIL )
Age 29 years, )
11) MOTIRAM BOKYA PATIL )
Age 29 years, )
12) SHANKAR BABU PATIL )
Age 64 years, )
13) SANDESH SHANKAR PATIL )
Age 21 years, )
14) ANANTA BALKRUSHNA PATIL )
Age 40 years, )
15) NARESH RAMA PATIL )
Age 20 years, ) ... Appellants
All residents of Vaklangaon, Dist. Thane )(Orig. Accused Nos. 1, 2, 5,
(At present in Central Prison, Thane). )6, 9, 10, 11, 12, 18, 19, 22,
23, 24 and 25)
Versus
The State of Maharashtra. .. ) .. Respondent.
(Orig.Complainant)
Mr. S. R. Chitnis, Sr. Counsel with Mr. S. V. Kotwal
for the Appellants in Cri.Appeal No.285/2003 and
Cri. Appeal No. 285/2003.
Mr. S. V. Gavand for Appellants (Original Accused
Nos. 6, 9, 10, 12, 13, 18, 22, 23 and 25).
Mr. B. R. Patil with Mr. S. L. Sakpale for Original Complainant.
Mr. P. S. Hingorani, APP for the State.
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3
CORAM : BILAL NAZKI and
A. R. JOSHI, JJ.
RESERVED ON : 12TH FEBRUARY, 2009
PRONOUNCED ON : 12TH AUGUST, 2009.
JUDGMENT (Per Bilal Nazki, J.):
th
Prosecution case was that on 26 May, 2001 at 4.00 p.m. in
front of the house of one Dnyaneshwar Patil at Village Valkan, Tal. District
Thane when the deceased Ananta Bhoir was returning in an auto rickshaw,
his auto rickshaw was forced to stop by putting in front another auto
rickshaw driven by accused No.7. The auto rickshaw carried two persons
other than Ananta Bhoir by name Ratan Mhatre and Ananta Balku
Kharpatil. It was being driven by one Balkrishna Keshav Patil. 4 to 5
persons came out of the other auto rickshaw which stopped the auto of the
deceased. About 20 to 22 other persons were hiding behind the nearby
cactus and all these persons were armed with swords, iron rods, sickles,
knives and all of them mercilessly attacked Ananta Bhoir and caused him
grevious injuries on all parts of his body. On the basis of these allegations,
charges were framed against the accused under Sections 147, 148, 149,
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341, 323, 324, 504, 506 and 302 of the Indian Penal Code and under
Section 25(1)(A) of the Arms Act. The accused pleaded not guilty and
were tried. Prosecution examined 15 witnesses. The trial Court by its
st
judgment dated 21 February, 2003 convicted accused Nos. 1, 2, 5, 6, 9,
10, 11, 12, 13, 18, 19, 22, 23,24 and 25 for the offences punishable under
Sections 147, 148, 149, 341, 506 and 302 of the Indian Penal Code and
sentenced them to suffer rigorous imprisonment for six months for the
offence punishable under different sections and also to suffer rigorous
imprisonment for life for the offence punishable under Sections 149 with
302 of the Indian Penal Code.
2. When these appeals came to be listed before a Bench of this
nd
Court for final hearing on 22 February, 2007, the Court was of an
impression that a full and complete attempt to arrive at the truth had not
been made by the prosecution. Therefore, the Court passed an order under
Section 391 of the Criminal Procedure Code directing recording of
statements of five witnesses who had been cited as witnesses but whose
statements had not been recorded as the learned Public Prosecutor
appearing before the trial Court had given up these witnesses. This Court
also directed examination of Investigating Officer PW 15. The matter was
remanded back to the trial Court. The trial Court has recorded the
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5
statement as per the order of the High Court and has also recorded the
statement of the accused under Section 313 of the Criminal Procedure
Code and the matter has come back for hearing.
3. At the outset, learned Senior Counsel appearing for the
appellants submitted that out of 15 witnesses originally examined by the
prosecution, PW1, PW 2, PW 3 and PW 4 were projected as eye witnesses
and these witnesses had not deposed anything against the accused which
could justify their conviction. He further submitted that even the finding by
nd
this Court in its order dated 22 February, 2007 was that the prosecution
had not brought the whole truth before the Court. Now in addition to
these witnesses, the prosecution has also examined after remand another 5
witnesses. So in all there are 9 alleged eye witnesses to the occurrence and
according to the learned Counsel appearing for the accused persons, on the
basis of testimony of all the 9 witnesses, the prosecution would not
succeed.
4. PW 1 – Eknath Dinkar Bhoir, is the brother of the deceased.
He stated that the deceased was an ExCorporator of New Bombay
Municipal Corporation. Prior to May, 2001 marriage of deceased's
daughter Sangita was arranged at Vaklan. Halad ceremony was arranged
prior to the marriage. He and his another brother Gurunath were present
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6
in the pendal at the time of the Haldi ceremony. A quarrel had taken place
in the pendal between the persons belonging to Dinkar Balkrishna Patil
and them in respect of dancing. His deceased brother was at home at that
time. Somebody informed him about the quarrel and hence his brother
arrived at the pandal. He requested all the persons not to quarrel at the
time of marriage. He also suggested summoning a panchayat for settling
the dispute. After one month a panchayat was summoned in a Hanuman
Temple. But, accused no.1, Dinkar Patil, was not ready to accept the
decision given by the panchayat, since he had sustained damages at the
hands of Excise Officials. He threatened the deceased with dire
consequences if his damages were not adequately compensated.
th
Occurrence took place on 26 May, 2001 at about 4.00 p.m. The
deceased had gone to admit brother of Ratan Mhatre in the hospital,
whose name was Vasudeo. He had to be admitted in E.S.I. Hospital at
Vashi. While returning, when he reached near the house of Dnyaneshvar
Rama Patil, the accused Dinkar Patil, Manohar Patil, Anant Patil, Sandip
Patil and others encircled the deceased. They were armed with swords,
sticks, iron rods, choppers and sickles. They assaulted the deceased Ananta
Bhoir by the said weapons. Shankar Patil and Balkrishna Patil were
instigating others not to leave the Corporator and sever him into pieces.
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The witness claimed that he had seen the incident personally. Then he
stated that when he went to the spot, his brother was lying in a pool of
blood. The assailants were still assaulting him. Accused Dinkar Patil ran to
assault him, but his nephew Shanivar Patil asked Dinkar Patil not to
assault him. He knew all the accused sitting before the Court. All of them
had assaulted his brother. Thereafter, he took his injured brother to
Shilphata Police Outpost in his vehicle. Laxman Patil and Ratan Mhatre
accompanied him to the police outpost. Police referred deceased to Civil
hospital, Thane, for medical treatment. After sometime, his brother
succumbed to his injury. He lodged F.I.R. of the incident, which bore his
signature and Exhibited as Exh.41. The 5 swords, 4 sticks, 3 choppers and
3 iron rods were identified by him and they were marked as Articles A1 to
A15.
In his crossexamination, he said that he was running grocery
shop at Vaklan. From main road, if one has to go to Vaklan, one has to go
5 Kms. There are 2 to 3 villages on the road to Vaklan. There are
agricultural lands on both sides of Vaklan Road. He could not say the
width of the road. At the beginning of the village, the house of
Dnyaneshwar Patil is situated. It is on road side at the distance of 20 to 25
ft. from the edge of the road. He could not say whether there were cactus
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8
bushes on both sides of the road. He could not recollect as to whether
there were bushes and trees on both sides of the road. He denied that his
house was at a distance of 3 Kms. from other end of the village. The village
has 300 to 400 residential houses. He stated that it was true that the road
passing in front of the house of Dnyaneshwar Patil is zigzag. He denied
that other houses were 100 to 150 mtrs. away from Dnyaneshwar Patil's
house. At about 5.00 p.m. the witness must have gone to the hospital.
After about 30 to 35 minutes, he was informed by the doctor that the
deceased was dead. Thereafter, inquest panchnama of dead body was
prepared by the police. He did not obtain possession of the dead body from
the hospital. It was true that Dygad Police outpost is situated on Kalyan
turning. He stopped his vehicle at the police outpost. He did not know the
names of the police officials sitting in the outpost. He did not enter the
police outpost. He cannot read or write, but he can make a signature. Then
he stated, “It is true that police prepared the F.I.R. as per their whims and I
made my signature thereon at the instance of police”. He did not remember
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as to whether he put his signature on the F.I.R. on 27 or 28 May, 2001.
He did not remember as to whether he made his signature on F.I.R. in the
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evening of 27th May, 2001 or in the morning of 28 May, 2001. He denied
that he did not witness the accused persons assaulting his brother. He
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9
denied that the accused were not concerned with the death of the
deceased. He had personally put his brother in vehicle after he got injured.
In crossexamination by some other accused, he stated that he
did not remember the name of the adjoining village. He denied that village
Bamli is adjacent to his village. He, however, stated that it was false to
state that he, Ananta, Dinkar, Gurunath and their nephew Santosh were
arrested by the police in connection with a case of attempt to commit
murder of Dattatraya Gondhale. He also stated that it was false to state
that they attempted to commit murder of Dattatraya Gondhale prior to 10
days of the incident. He also stated that it was false to state that Ananta
had made firing on the house of Shantaram Mhatre. He also said that it
was true that incident of Haladi ceremony had taken place one year prior
to the occurrence in which the deceased died. It was false to say that no
dispute or quarrel had taken place between them and the Accused at the
Haladi ceremony. It was true that neither party had lodged any complaint
with the police about that incident. Two days before the occurrence, the
accused Dinkar Patil had abused and threatened the deceased at Dahisar
Checkpost. He was personally present there at that time, but no F.I.R. was
lodged. Then there are omissions, namely, “ I did not state before the police
that a quarrel had taken place between the persons belonging to the accused
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and our persons regarding dancing. I did not disclose to the police that my
brother Ananta arrived in the pendol and requested both sides not to pick up
quarrel with each other at the time of ceremony. I did not disclose to the
police that my brother Ananta expressed his intention to resolve dispute in a
Panchayat.” .... “I had stated before the police that the accused Dinkar Patil
ran to assault me and our nephew Shanivar Patil requested him not to
assault me. I cannot assign any reason as to why police did not mention it in
my F.I.R. ”.
5. PW 2 – Laxman Aba Patil, is running a grocery shop at Vaklan.
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He stated that he was present at home on 26 May, 2001. He woke up
from sleep at 3.30 p.m. and came out of his house and started washing his
face in front of his door. He saw Dinkar Patil, Manohar Patil, Ananta Patil,
Sandip Patil, Dipak Patil, Balkrishna Patil, Sunil Patil, Rama Patil, Ganesh
Patil, Naresh Patil, Santosh Patil, Sadanand Patil, Motiram Patil, all armed
with swords, choppers, iron rods and sticks, standing in front of his house.
The accused persons in the court were the same. The swords, sticks,
choppers and iron rods shown to him were the same. They were marked
Articles A1 to A15. Then he said that the accused Dinkar Patil asked
accused Manohar Gotiram Patil to start his auto rickshaw. Accordingly,
Manohar Gotiram Patil started his autorickshaw. 4 to 5 accused boarded
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the autorickshaw. He has a cattleshed in other locality of the village. He
went to his cattle shed by a different route without crossing the route of
the accused. The auto rickshaw stopped in front of the house of Shankar
Babu Patil, who also arrived on the spot from Dahisar side on scooter. Few
accused were sitting in the autorickshaw and few were elsewhere.
Accused Manohar Balkrishna Patil and Rohidas Patil gave signal to other
accused to stand up. Within five minutes another autorickshaw from
Dahisar side came on the spot of incident. Again accused Manohar
Gotiram Patil started his autorickshaw and brought in front of that auto
rickshaw. All the accused gathered in front of the house of Dnyaneshwar
Patil. The accused dragged the Corporator Ananta Bhoir from the auto
rickshaw and asked him, how he can escape from their clutches.
Thereafter, accuse Dinkar inflicted blow of sword on his head. Accused
Manohar also delivered blows of sword on him. Accused Ananta Patil
assaulted the deceased with sword. Accused Sandip Patil also assaulted
him with sword. Dipak Patil was possessing chopper. He pierced the
chopper in the mouth of the deceased. Other accused also assaulted him
with sticks, iron rods, sickles, etc. Thereafter, the accused fell Ananta Bhoir
on the earth. Accused Balkrishna Patil instigated other accused to cut
Ananta Bhoir to pieces. Balkrishna Patil was possessing a sickle in his
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12
hand. He delivered blows of sickle on the deceased and threw it on his
person. Thereafter, Eknath Bhoir and Ratan Mhatre arrived on the spot.
The witness encouraged Eknath Bhoir and Ratan Mhatre to go to the spot.
After assaulting Ananta Bhoir, the accused started bloting away from the
spot. Meanwhile, one jeep belonging to the deceased came on the spot.
They put deceased in the jeep and took him to Dygad Police outpost. The
police asked them to shift the deceased immediately to Civil Hospital,
Thane. Accordingly, they took Ananta Bhoir to Thane Civil Hospital, where
he was declared dead. All the assailants were sitting before the court as
accused.
In his crossexamination, he stated his grocery shop was
situated in front of house of accused Dinkar Patil. This witness stated that
he had three brothers, namely, Balaram, Sakharam and Waman and each
of them reside separately. He ran a grocery shop in the heart of the village.
He resides in the same structure. His cattleshed is situated at a distance of
34 houses from his residence. Then he said village Vaklan consists of 250
to 300 houses. Few of them are double storied and situated adjacent to
each other. His house is single storied. Dahisar is 4 Kms. away from his
house. It was true that house of Dnyaneshwar Patil is an old double storied
Bungalow consisting of roof of tiles. It is situated at the beginning of
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village Vaklan. There are cactus bushes on both sides of the road in front
of house of Dnyaneshwar Patil. House of Dnyaneshwar Patil was not
visible from his house and also not visible from his cattleshed. His brother
Balaram was Sarpanch of village Vaklan and Bamari before merging of
villages in New Bombay Municipal Corporation. It was true that villagers
of 14 adjoining villages have boycotted the elections of New Bombay
Municipal Corporation since the year 2000. He submitted that it was false
that accused Balkrishna Patil, his sons and other family members were on
the forcing that because of the boycott, his brother Balkrushna could not
contest the election of Municipal Corporation. He submitted that it was
false that two families were on inimical terms with each other because of
this. Balkrishna Patil is his cousin. His family and the family of the accused
had joint agricultural property at Vaklan at the time of their grandfather.
He denied that there were conflict on account of certain property which is
a grazing land and is used for grazing cattle. He denied that there was a
dispute between the family of the witness and the accused on account of
grazing of cattle in the grass land. Then he said, his clothes were not
stained with blood and hence were not seized by the police. The police
recorded his statement on the day of occurrence in the evening. The police
did not record any of his supplementary statement after 15 days of the
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occurrence. He stated, “ It is false to say that in my supplementary
statement, I disclosed to the police that Manohar Gotiram Patil, Barkya
Yashwant Patil, Gurunath Yashwant Patil and Laxman Ambo Patil were also
amongst the assailants ”. Then many omissions were pointed out to the
witness and he stated that, “ I cannot assign any reason as to why all these
things do not find place in my statement recorded by the police ”.
In response to crossexamination by some other accused, he
stated, “It is true that Eknath, deceased Ananta and Gurunath are real
brothers. Dattu Gondhali was assaulted 4 to 5 days prior to the incident. I
know Shantaram Namdeo of our village. It is false to say that in a firing
made on the house of Shantaram Namdeo, deceased Ananta was a
participant”. He also stated, “ I along with 5 to 6 persons went to Raigad
outpost. 7 to 8 cops were present in the outpost. I narrated them the whole
incident. But, they did not reduce it into writing. Only one cop accompanied
us to Thane Civil Hospital ”.
6. PW – 3 Ratan Rama Mhatre, in his evidence stated that he and
his brother Vasudeo Mhatre reside at village Vaklan. His brother was
suffering from heart decease. The witness used to take him to New
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Bombay Municipal Corporation Hospital for treatment. On 26 May, 2001
at about 10.00 a.m., he went to the residence of exCorporator Mr. Ananta
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15
Bhoir. He told him that the Medical Officer of New Bombay Corporation
Hospital was not attending to his brother. Therefore, he requested him to
request the Medical Officer to offer proper medical treatment to his
brother. Anant Bhoir agreed to accompany him to New Bombay
Corporation Hospital. He along with his brother Vasudeo, his wife and the
deceased boarded auto rickshaw to go to Corporation Hospital. Auto
rickshaw stared following Dahisar road. At Dahisar check post all of them
got down from the auto rickshaw and from there they went by bus to
Corporation Hospital. On the request of the deceased the Medical Officer
of the Hospital admitted his brother in the Hospital. Thereafter, they
returned back to Dahisar. After alighting at Dahisar, he started searching
for an auto so that they can reach Vaklan. They got one auto rickshaw. He
and Ananta Bhoir boarded the auto rickshaw. One lady copassenger got
down at village Bighu and another lady copassenger got down at some
distance in the same village. He and Anant Bhoir were the only two
passengers left in the auto rickshaw. When auto rickshaw reached near the
house of Dnyaneshwar Patil, one other auto rickshaw came in front of their
auto and stopped them. 4 to 5 persons alighted from that auto rickshaw.
He also got down from their auto. Those 4 to 5 persons started abusing.
They were armed with swords. They threatened Ananta Bhoir not to spare
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since he was found after long gap. Names of those persons were Manohar
B. Patil, Dinkar Balkrushna Patil, Sandip Balkrushna Patil. He could not
see the faces of remaining two persons. They started assaulting the
deceased. He got frightened and he ran towards the village Vaklan. He
straight way went to the house of Ananta Bhoir. After crossing the distance
of 40 to 50 ft. he looked behind and witnessed a crowd of 10 to 15 people.
He reported about the incident to Eknath Bhoir (PW 1) brother of Anant
Bhoir. Eknath Bhoir, therefore, went to the place of occurrence and the
witness followed him. That time he witnessed 20 to 25 people raising
shouts as “Mara Mara”. After some time, son of Anant Bhoir brought
Armada Jeep. The witness with the assistance of Sakharam Aba, Laxman
Aba and Eknath Dinkar put injured in the jeep and took him to Thane Civil
Hospital for Medical Treatment. Ananta had sustained injuries on his face,
legs and hands. On the way to hospital, they stopped jeep at Shilphata
Police Chowky. Laxman Aba got down at Shilphata for reporting about the
incident. From there they went to Thane Civil Hospital.
In crossexamination, he stated that house of Eknath Bhoir is
at the distance of 4 to 5 minutes by walking from the house of
Dnyaneshwar Patil. He stated that it was true that it was not visible from
the house of Dnyaneshwar Patil. He denied that the distance between the
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house of Dnyaneshwar Patil and the house of Eknath Bhoir could take 15
minutes by walk. Police did not seize his wearing clothes. It was true that
the police had made him sit in the police station for two days and recorded
his statement on the subsequent day. After recording his statement, he was
allowed to leave the police station. He said, “ It is false to say that police
were insisting upon me to take names of Vitthal Balkrushna Patil, Manohar
Balkrushna Patil and Sandip Balkrushna Patil for two days and I was
continuously refusing ”. He further said, “ I had stated to the Police that the 5
persons alighting from auto Rickshaw threatened Ananta Bhoir not to spare
since he was found after a long gap. I had disclosed names of three persons as
Dinkar Balkrushna Patil, Manohar B. Patil and Sandip Balkrushna Patil by
giving statement. I cannot assign any reason as to why these facts are not
recorded in my statement .” He further said, “ I disclosed to the police that
those 5 persons dragged Ananta Bhoir from the auto rickshaw and started
assaulting him. I had stated before the Police that while running towards the
house of Ananta Bhoir I looked back and witnessed crowd of 10 to 15 people
on the spot. I cannot assign any reason as to why these things do not find in
my statement. ”
7. PW 4 – Sakharam Aba Patil, has stated that he was running a
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grocery shop in Joshi Ali locality. On 26 May, 2001 he was present in his
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shop. At about 4.00 p.m. quarrel had taken place between the Corporator
Ananta Bhoir and Dinkar Balkrishna Patil. He thought his brother also
must have been beaten by Dinkar Balkrishna Patil, Manohar Balkrishna
Patel, Ganesh Rama Patil, Sandip Balkrishna Patil and Ananta Balkrishna
Patil. And therefore he went to the spot of incidence. His brother Laxman
Aba Patil, however, was not present at the place of quarrel. He witnessed
Ananta Bhoir lying in pool of blood on the spot. He requested the accused
not to assault Ananta Bhoir. Accused Manhar and Dinkar were possessing
swords in their hands. Accused Ganesh was possessing a stick. There was a
chopper in the hands of Dinkar. The said accused started assaulting the
witness. Accused Manohar inflicted a blow on his back with bottom side of
the sword. All the said accused were sitting before the court. Other persons
were also there on the spot. All of them were present in the Court as
accused. Meanwhile, daughter of Ananta Bhoir arrived on the spot and
converged on his body just to protect him.
In his crossexamination, he stated that it takes 2 to 3
minutes from his shop to reach the house of Dnyaneshwar Patil. All the
accused are the residents of his village. Many people assembled in front of
the house of Dnyaneshwar Patil. All of them were weeping. After learning
about the incident, brothers of Ananta Bhoir including Eknath Bhoir came
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on the spot. Villagers brought police on the spot after one and half hours.
Tension was created in the village after the incident. It was true that
Ananta Bhoir was exCorporator of their village. They had assisted him in
contesting the election. He was maintaining good relations with Ananta
Bhoir as also with all the accused. The accused were maintaining good
relations with deceased Ananta Bhoir. He denied that he was used to
alcohol. He also denied that at the time of making statement he was under
the influence of liquor. He took Ananta Bhoir to hospital. His clothes were
not stained with blood. He had a talk with police at Mumbra Police
Station. Tigre Police outpost and Mumbra Police station are at a distance
of 4 Kms. from each other. He narrated the incident to the police.
Thereafter he had never been to the police station.
In his crossexamination by other accused, he stated that
Laxman Aba Patil is his real brother. He knew that his brother Laxman Aba
Patil was also examined as a witness in this case. Laxman Aba Patil's shop
was adjacent to his grocery shop. They reside in the neighbourhood of
each other. Then the witness said, “ I had not stated before the police that I
thought that accused Dinkar Balkrishna, Manohar Balkrishna, Ganesh
Rama, Sandip Balkrishna, Ananta Balkrishna might have assaulted my
brother Laxman. ” When certain omissions were pointed out, he said, “ I had
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stated before the police that there was a sword in the hands of accused
Dinkar. I cannot assign any reason as to why police did not mention it in my
statement .” He denied having stated before the police that the accused
Ganesh was possessing a stick and accused Dinkar was possessing
Chopper. He then stated that accused Manohar, accused Ganesh and
accused Dinkar had only assaulted him. Each accused inflicted 23 blows of
the weapon on him. He had sustained only two injuries on his back. He
had shown both the injuries to the medical officer. The witness also said
that it was false to state that the accused did not assault him. Thereafter,
many many omissions were pointed out to him and he submitted that he
cannot assign any reason as to why the police had not recorded it in his
statement.
8. These were the four witnesses who were projected as eye
witness but this Court earlier found their evidence not sufficient, therefore,
remanded the case back for recording the testimony of those cited
witnesses who had not been examined in depth. The witnesses examined
after remand were PW 16, PW 17, PW 18, PW 19 and PW 20. Testimony of
PW 15 will be taken at a later stage as he was an Investigating Officer,
whose further examination and crossexamination has been directed in the
remand order.
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9. PW 16 – Hemant Ananta Bhoir, was projected as eye witness
in the charge sheet. He stated that he has seen all the accused. He stated
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that on 26 May, 2001 after taking lunch at his residence at about 4.00
p.m., he had proceeded towards his grocery shop. At that time Shri Ratan
Mhatre (PW 3) rushed to his residence and he told him the names of the
accused persons and also told him that those persons were assaulting his
father by sticks, iron bar, sickle, chopper, knife and sword. PW 3 also
informed him that the accused persons were assaulting his father in front
of the house of Dnyaneshwar Rama Patil. Thereafter, he, his uncle (PW 1)
and others rushed to the place of occurrence. Accused No.1, Accused No.5,
Accused No.11, Accused No.24, Accused No.6, Accused No.9, Accused
No.14, Accused No.2, Accused No.10, Accused No.25, Accused No.22,
Accused No.23, Accused No.13, Accused No.19, Accused No.18, Accused
No.12, Accused No.26, Accused No.15, Accused No.8 and Accused No.21
were seen by him with different weapons like swords, knife, chopper, iron
bars, sickle, etc. attributed to all the accused and he identified weapons.
He could see dozens of accused and he could also remember which of the
accused had which of the weapons in his hand. He further stated that all
these accused persons were assaulting his father with the weapon they had
in their hand. When his father fell down the accused were saying that his
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supporter should also be beaten. Accused have thereafter left the place of
occurrence. Thereafter, he, his uncle Eknath Bhoir, Laxman Patil and
Ratan Mhatre went to the spot. His brother brought jeep. His sister
provided drinking water to his father. She was present before they reached
the spot. When he saw his father, he was having severe injuries on his
body. They immediately took deceased in jeep to Daighar Outpost within
Mumbra Police Station and thereafter his father was taken to Civil
Hospital, Thane. After examining, the Doctor had declared him dead.
During investigation, the police had recorded his statement twice. He also
identified the weapons shown to him as Articles P1 to P5. He also
identified the Articles P6 to P14.
In his crossexamination, he stated that his statement was
recorded by the police as per his dictation. His statement in the police
station was recorded by Shri Deshmukh, Police Officer. Then certain
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portion of the statement recorded on 27 May, 2001 was read over to him
and he stated that he had not made such a statement before the police.
Certain statements which he made before the Court were not in his
statement before the Police and he could not give any reason for that.
There are omissions and additions in his statements which have been
accepted.
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10. PW 17 – Balkrushna Keshav Patil, submitted that he was a
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rickshaw driver. On 26 May, 2001 his parents had gone to Vashi to bring
some articles. He had gone to Dahisar Naka to bring them. On that day he
had not taken his auto rickshaw to Dahisar. Shrinath Laxman Patil was his
friend. He was also a rickshaw driver. He saw his friend was shaving at
about 3.30 to 3.45 p.m. His vehicle had registration number MH05D635.
There were 5 passengers seated in his auto rickshaw. Out of them 3 were
male and 2 were ladies. He told him to take his rickshaw to Vaklangaon.
Accordingly, he took the said rickshaw towards village Vaklan. He was
knowing Corporator Shri Ananta Bhoir amongst the said passengers. Out
of the said passengers, 2 ladies alighted from auto rickshaw near village
Nighu. Thereafter, he proceeded towards the village Vaklan. When he
reached Vaklan, one auto rickshaw came across his auto rickshaw. In the
said autorickshaw there were assailants and they were near about 5 to 6
persons. Corporator Ananta Bhoir (deceased) alighted from the auto
rickshaw and started fleeing. The assailants were armed with swords and
they started assaulting the Corporator. At the relevant time, about 25 to 30
persons were there. They were having iron bars and sticks with them. He
was frightened and fled away. The assailants who assaulted the deceased
were present before the Court. He identified accused Dinkar Balkrushna
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Patil and accused Manohar Balkrushna Patil. He could not identify any
other accused. He, however, identified the Articles P1 to P14.
In the crossexamination, he stated that on the day of
occurrence, he was not having rickshaw licence with him. He had been to
Dahisar Naka at about 2.30 p.m. to 3.00 p.m. His parents had gone to
Vashi in the morning. His statement was recorded by the police during
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investigation on 28 May, 2001. After the incident he had seen the
accused persons for the first time in the Court. He further stated that it
was true to suggest that no identification parade was held where he could
identify the accused. In further crossexamination by the advocate for some
other accused, he stat ed that as he was frightened, he did not rush to the
police station to inform about the incident. He also accepted that neither
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on the day of incident nor on 27 May, 2001 he informed the police
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station about the incident. On 28 May, 2001, i.e. 2 days after the
occurrence, his uncle Manik Patil took him to the police station. He
accepted that in his statement before the police he had not given any
description of the assailants.
11. PW 18 – Vinod Ananta Bhoir, son of the deceased, submitted
that he and his elder brother Hemant Bhoir have a shop at village Vaklan.
PW 16 is his brother, who also maintains the shop along with him. He and
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25
PW 16 had come to the residence in the noon for lunch. At about 3.30 to
4.00 p.m. he and his brother started to go back to their shop. In the
meantime, PW 3 came and he informed them about the assault on his
father. He also narrated the story as has been narrated by PW 16 and also
gave the names of the accused along with weapons they were holding. He
also identified Article P1 to P14.
In crossexamination he stated that his statement was
recorded by the police at his residence at 11.30 a.m. in the midnight.
Cremation of the deceased was performed between 9.00 to 10.00 p.m. on
the same day and his statement was recorded after the cremation of his
father. His statement was recorded as per his dictate. Thereafter omissions
and improvements were suggested to the witness, which were almost all
accepted.
12. PW 19 – Sau Suvarna Ramakant Patil is the daughter of the
deceased. She came to know, when she was at home, that the quarrel had
taken place in front of the residence of Shri Dnyaneshwar Patil. She rushed
to the place of occurrence and found 30 to 35 persons present. 57 persons
were assaulting her father and they were standing there. Witness stated
after recounting, others were not assaulting. 5 to 7 persons were assaulting
her father by means of swords, chopper and knife. Others were having
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26
sticks and iron bars with them. She asked somebody from the family of
Dnyaneshwar Patil to bring water and gave it to her father. In the
meantime, her uncle PW 1 and PW 16 came there. She identified the
accused present in Court. She also accepted the omissions and
improvements in her statement. She also stated that the police recorded
her statement after 15 days of the occurrence.
13. PW 20 – Ananta Valku Kharpatil, submitted that his sister is
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Prema Balaram Bhoir. On 26 May, 2001 he had gone to the village
Vaklan to see his sister. He was going by auto rickshaw. It was at about
3.30 to 3.45 p.m. 2 ladies, 2 other male persons, his son along with him
were going in rickshaw from Dahisar. One of the lay alighted from the said
rickshaw near Ruile, another lady alighted at village Bamali. While
proceeding towards Vaklan village, all of a sudden one auto rickshaw came
across the rickshaw in which he was sitting. The autorickshaw driver
applied brakes instantly. As the autorickshaw driver had applied brakes
abruptly, the bag containing Mangoes which was in the hands of his son,
fell down. He tried to see whether his son had sustained any injury. All of a
sudden he heard the utterances “Mara”. He was frightened. He along with
his son jumped from rickshaw and fled away. One of the said 2 persons,
who were still in the auto rickshaw, preferred to stay in the rickshaw,
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27
however, person who was on the right side had already alighted from the
rickshaw. He did not know the persons who were along with him in the
auto rickshaw. He also did not know as to who were the passengers in the
rickshaw which had come across their rickshaw.
14. PW 15 – Laxman Balwantrao Deshmukh, is the Investigating
Officer, who was examined and crossexamined initially and again cross
examined after remand. But before his evidence recorded at 2 different
points of time is discussed, a look at the statement of the other witnesses is
necessary.
15. PW 6 – Dr. Tejaswini Uddhavrao Bhagat, is the Medical
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Officer, who conducted the post mortem of the dead body on 26 May,
2001 at 9.07 p.m. and found 21 injuries. They were almost all over the
body, covering chest, scalp, face, left elbow joint, wrist, fingers, right sole,
right angle ankle joint, etc. Out of 21 injuries, only 1 injury was contused
abrasions and others were all incised wounds. She found the internal
injuries were corresponding to external injuries 1 to 6. The injuries were of
grievous in nature. According to her the injuries were possible by weapons
marked as Articles A1 to A15.
In her crossexamination, she stated that it was true that none
of the internal organs specified in column no.20 were damaged. She also
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28
submitted that it was true that she had not mentioned fracture to skull in
injury no.1. The person would have died after 2 to 3 hours after having
food. It was true that it takes near about 8 to 12 hours of the rigour motis
to develop fully all over the body. It was not correct to say that the person
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would have died between 10 a.m. to 12. p.m. on 26 May, 2001. It may be
point ed out at this stage that the doctor conducted post mortem at 9.07
p.m. whereas PW 18, who is son of the deceased, has contended in his
statement that the cremation took place between 9 to 10 p.m. and by
11.30 his statement was recorded by the police. It is submitted that it is
hard to believe that when the post mortem was started at 9.07 p.m. as it
stated in the Post Mortem Report, how can the cremation take place
between 9 and 10 p.m. In Co.4(b) of the post mortem report, Exh.53, it is
shown that the P.M. was started at 9.07 p.m. and was completed at 10.45
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p.m. on 26 May, 2001.
16. PW 7 – Harishchandra Rajaram Bhoir, is a panch witness to
discovery of swords on the disclosure of accused Sandip @ Pappya.
According to this witness, the accused had kept sword in bushes behind
the house of Janardhan Patil. He made the statement before the witness
and panchnama was Exh.55. The accused led the police and panchas
behind the house of Janardhan Patil and took out sword from the bushes
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nd th
and produced before the police. This happened on 2 June, 2001. On 8
June, 2001, he was called by the police again. This time accused
Chandrakant Mahadu Patil made a statement and led the team to get a
chopper kept in the bushes, near the house of Kailas Patil. The panchnama
was Exh.57. The seizure panchnama was Exh.58. He identified the Articles
A10, A11 and A13 as the weapons resembling as those which were
seized. He also identified the accused Nos.11 and 4 before the Court.
17. PW 8 – Lalchand Parshuram Patil is another witness who was
the panch to the seizure of earth at the place of occurrence which was
blood stained. He was also witness to seizure of few sticks and 3 foot
wears and 1 sickle. A panchnama was prepared. He signed the panchnama
th th
being Exh.39. This happened on 26 May, 2001. On 28 June, 2001 he
was called again by the Mumbra Police as Panch. Accused Ananta Patil was
present and he made disclosure and then led the team at Valkan near the
house of Kailas Patil and took out the sword from bushes and produced
before the police. He identified the panchnama and seizure panchnama,
Exh. 63 and 64. Again on the next day he was called by the Police. Accused
Balkrushna Mahadu Patil was present in the police station, He made
disclosure and led the team to the discovery of a sickle near the Jujabe
tree. He identified his signature on the panchanama and seizure
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30
panchnama, Exh. 65 and 66.
18. PW 9 Madhukar Govardhan Patil, is again a panch witness.
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He was called by the police on 30 May, 2001. Accused No.1 Dinkar
Balkrushna Patil was present in the police station. He made a disclosure of
auto rickshaw and his scooter. Memorandum of Panchanama was
prepared, Exh.68. The witness stated that the accused then accompanied
the panch and police team to village Taloja near Sai Saburi Hotel. The
accused pointed out the auto rickshaw and scooter which were standing in
front of the hotel. Police seized both the vehicles and a seizure
st
panchanama, Exh. 69, was prepared. On 1 June, 2001, he was again
called to the police station and accused Rohidas Sakharam Patil made a
disclosure, by Exh.70 and led the police team and the pancha to village
Valkan near the house of Harishchandra Patil and took out a sword from
the heap of wooden planks and produced before the police. Exh.71 is the
seizure panchanama exhibited by him and he identified his signature. On
rd
3 June, 2001, he was again called to act as panch by the Police to the
discovery of sword. Accused No.1 Dinkar Balkrushna Patil was present in
the police station. The accused made disclosure vide panchanama, Exh. 72.
The accused thereafter led the team to recover the sword in village Vaklan
behind the house of Shankar Patil. He took out the swords from thorny
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31
bushes and produced before the police. Seizure panchanama was
prepared, Exh.73 and he identified his signature on the same.
19. PW 10 – Hanuman Laxman Mhatre, was summoned by the
rd
police in Mumbra Police Station on 3 June, 2001 when accused Sunil
Rama Patil was present in the police station. He made disclosure, vide Exh.
75 and led the team near the house of Shankar Bapu Patil in Village
Vaklan and took out the sword from thorny bushes behind the house of
Shankar Patil. Exh.76 is the seizure panchnama. He identified his
signature.
20. PW 11 – Atmaram Govardhan Patil, was witness to discovery
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and disclosure made by accused Dipak Balkrushna Patil on 2 June, 2001
vide. Exh.80 and 81. According to this witness, the accused led them to
recovery of chopper from village Valkan near a newly constructed house.
The accused took out a blood stained chopper from the thorny bushes.
Seizure panchnama was prepared.
21. PW 12 – Lahu Shantaram Patil, was called at the police station
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on 10 June, 2001. Three accused were brought to the police station. The
said accused were identified by him sitting in the Court as Accused Nos.12,
13 and 18. A panchnama was drafted of their arrest and memorandums
were prepared, being Exhibits 83, 84 and 85. He stated that the accused
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led them to BombayPune Road. Thereafter, they went to Dahisar. From
there the accused persons led them to village Vaklan. Accused told them to
stop the vehicle near the house of Kailash Motiram and they alighted
there. The accused took out 3 iron rods from thorny bushes on backside of
house of Kailash Motiram. The Police seized them and 3 seizure
panchanamas were prepared, being Exh. 86, 87 and 88. He identified his
signature. He also identified the 3 iron rods shown to him. They were
marked Articles A5, A6 and A7. This witness has no where in his
statement said that any disclosure was made by the accused persons.
22. PW 13 – Dattatraya Namdeo Borate, was the Police Sub
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Inspector attached to Mumbra Police Station. On 26 June, 2001 he was
on duty. At about 5.30 p.m. the complainant Eknath Dinkar Bhoir came to
the police station and lodged F.I.R. against the accused. According to him,
the accused had murdered his brother Ananta Dinkar Bhoir. The accused
had also caused injuries to some associates of Ananta Bhoir. He drafted the
F.I.R. of complaint of the complainant as per his narration. The F.I.R. was
shown to him. It bore his signature and endorsement and marked Exh.41.
The witness registered an offence against the accused under Sections 147,
148, 149, 302, 324, 323, 504, 506 r/w 34 of the Indian Penal Code and
under Section 25(1)(c) of the Arms Act. Investigation of the offence was
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handed over to PSI Deshmukh on the very same day.
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In his crossexamination, he stated that on 26 May, 2001 his
duty hours were 9.00 a.m. to 9.00 p.m. Prior to 5.30 p.m. there was no
entry of the incident in Mumbra Police Station regarding the incident.
Digher outpost is at a distance of 6 kms. from Mumbra Police Station. One
head constable and 4 constables were deputed at Digher outpost. No police
official of the rank of P.S.I. or above was deputed at Digher Outpost.
Station diary is maintained in Digher outpost. Occurrence number of the
offences are entered in the station diary of outpost. He first wrote down
the F.I.R. and then got typed from writer constable. Thereafter, he said
that the writer constable typed it under his direction. Name of writer
constable was Mr. Tadve. There was no scoring in the F.I.R. except 3 lines
in para 3. He could not assign any reason as to why he mentioned sections
of the offence. Station diary entry number and timing of registration of
offence were mentioned in hand writing in the F.I.R. He sent copy of F.I.R.
to the court concerned on subsequent day. Copy of F.I.R. was marked as
Exh.100. He denied that after having due deliberation with the
complainant, first he got F.I.R. prepared and then got it typed from writer
constable by adding names of accused.
23. PW 14 – Vijay Baburao Surve, is the Police SubInspector
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attached to Vartaknagar Police Station. He stated that on 26th May, 2001
he was attached to Mumbra Police Station. He prepared the inquest
panchnama of the dead body of Ananta Bhoir. He identified his signature
on Exh.50.
24. PW 15 – Laxman Balwantrao Deshmukh, is the retired Police
Inspector. He was examined and also crossexamined. But was again cross
examined after the order of remand by this Court.
He stated that in the month of May, 2001 he was attached to
Mumbra Police Station. He knew the accused Nos.1 to 30 were involved in
this case. The case was registered against accused Nos.1 to 30 in the police
station on the basis of the F.I.R. of complainant Eknath Dinkar Bhoir.
Investigation was handed over to him on the very day. First of all, he
visited the spot of incident at village Vaklan near the house of
Dnyaneshwar Rama Patil on public way. Few sticks, one sickle, few broken
pieces of glass, one blood stained pair of footwear, one black coloured
blood stained footwear were lying on the spot of incident. He prepared
spot panchanama, which was Exh. 39. Thereafter, he recorded statements
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of few witnesses. On 27 May 2001 he recorded the statements of few
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more witnesses. On 28 May, 2001 he went to village Taloja and arrested
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five accused. On 29 May, 2001 he added section 120B to the previous
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charges against the accused. Thereafter, on the very day, Police Inspector
Mr. Shaikh, under his guidance, arrested 14 accused. Panchnama of arrest
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was prepared, Exh.91. Thereafter, on 30 May, 2001 API Mr. Vakare
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arrested 2 accused. Arrest panchnama was at Exh.92. On 20 June, 2001
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PI Vakare arrested four accused. Arrest panchanama was Exh.107. On 25
June, 2001 PSI Chavhan arrested three more accused. Arrest panchanama
st
was Exh. 93. On 31 May, 2001, accused No.1 Dinkar Balkrishna Patil,
agreed to discover the autorickshaw and scooter used in committing the
offence. Accordingly, he prepared memorandum panchanama.
Panchanama was Exh.68, which was shown to him. It bore his signature.
Thereafter he referred to other panchnamas about disclosure and
recoveries made at the instance of certain accused at different dates and
different places. He stated that it transpired during his investigation that
all the accused had hatched conspiracy and committed murder of Ananta
Dinkar Bhoir on the date, time and place of incident. After completing
investigation, he filed charge sheet against 30 accused. He identified all
the accused except accused Nos.20 and 21 who were absent on the day he
appeared in the court. Accused No.27 was dead.
In his crossexamination, he stated that he was present in the
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police station on 26 May, 2001 and the offence was registered under his
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guidance. In cases of murder, some times, they record F.I.R. on typewriter
and sometimes in hand writing. Since the typewriter was available in the
police station, he asked PSI Borade to get the F.I.R. typed. Occurrence
report was not registered in Tiger Police outpost. He did not recollect as to
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whether he had verified the station diary on 26 May, 2001. He stated, “ It
is false to say that the complainant had lodged a detail occurrence report to
Diaghar Police outpost. It is false to say that the complainant had mentioned
in the occurrence report that dead body of Ananta Bhoir was lying on
outskirt of village Vaklan. It is false to say that in the occurrence report, the
complainant did not raise suspicion on anybody in respect of killing of
Ananta Bhoir. It is false to say that according to him, some unknown person
had killed his brother Ananta Bhoir. It is false to say that I had gone through
the occurrence report and since it was favouring the accused persons, I
deliberately suppressed it from the chargesheet.” He further stated, “ It is
true that I did not arrange for test identification parade of accused persons,
in respect of the 3 witnesses. It is true that I have seized one scooter during
the investigation of offence. The accused No.1 Dinker Patil is owner of the
scooter. I do not know as to whether it has been released on supratnama
bond or not. I do not recollect as to whether accused No.1 Dinker Patil was
the owner of the scooter or not. I have seized both the autorickshaw during
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investigation.” Thereafter he said, “I had seized only one autorickshaw. I
traced out owner of that autorickshaw. His name is Srinath Laxman Patil.”
The witness recorded the statement of Srinath Laxman Patil. Thereafter, he
stated he did not record his statement . The witness could not assign any
reason for that. He further said, “It is false to say that he had stated before
me that on the date and time of incident, the autorickshaw was in his
possession and it was not utilised for any illegal purpose and hence, I did not
record his statement.” Then he was shown the statements of almost all the
witnesses and omissions and improvements were also pointed out to him
and whatever improvements were made by the alleged eye witnesses and
about the improvements in their statements made before the Court by the
alleged eye witnesses, this witness was emphatic that the witnesses had
not made such statements before him. Then he stated, “It is true that the
autorickshaw and scooter were seized in front of Shraddha hotel. I did not
record statement of proprietor of Shraddha hotel. I did not feel it necessary.
Shraddha hotel is situated on highway. The people going in Shraddha hotel,
park their vehicles in front of the hotel.” Then he said, “It is false to say that
for recovery panchanamas, I invited the close relatives of complainant's
family only. It is false to say that the complainant himself provided me panch
witnesses for recovery panchanama. It is false to say that I prepared false
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spot and recovery panchanamas with the assistance of interested panch
witnesses provided by the complainant. It is false to say that I prepared all
the memorandum and recovery panchnama by siting in police station and
obtained signatures of panchas in the police station. It is false to say that
none of the accused agreed to discover anything to the police and none of
them discovered anything subsequently.” The witness then said, “It is true
that I sent the articles to C.A. Laboratory after 45 days from the date of
incident”. The witness denied that after arrest of accused No.13, Ananta
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Janardan Patil, he told him that on the date of incident i.e. on 26 May,
2001 he was present on his duty in the company at Taloja. He further
denied that he deliberately did not place the documentary evidence in that
respect on record. He denied that accused No.15 had also disclosed that
he was on duty on the date of incident.
In his crossexamination by the advocate for the other
accused, he stated that he did not record the statements of Vasudeo Rama
Mhatre and his wife to whom Ananta Bhoir had taken to New Bombay
Municipal hospital. He recorded the statements of Autorickshaw driver
and passenger Ananta Balku Kharpatil as eye witnesses. He admitted that
both of them did not disclose name of any accused. Thereafter he said, “It
is true that PW 2 did not state a sentence before me that he witnessed Dinker
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Patil, Manohar Patil, Ananta Patil, Sandip Patil, Dipak Patil, Balkrushna
Patil, Sunil Patil, Rama Patil, Ganesh Patil, Naresh Patil, Santosh Patil,
Sadanand Patil, Motiram Patil, all armd with swords, choppers, iron rods
and sticks standing in front of their houses. He did not utter sentence before
me that 45 accused boarded an autorickshaw of Manohar Motiram Patil
and Dinker Patil asked him to start his autorickshaw. He had not stated a
sentence before me that without coming across the accused, he went to his
cattleshed by different route from back side. He had not stated a sentence
before me that the accused Manohar Balkrushna Patil and Gurudas Patil
gave a signal to the remaining accused to stand up.” Thereafter he stated,
“PW 2 Laxman Aba Patil had not stated before me that within five minutes,
an autorickshaw arrived on the spot and accused said Ananta Bhoir as to
how he could escape from their clutches. He had not stated a sentence before
me that accused Dinker inflicted blow of sword on the head of Ananta Bhoir
and accused Manohar also delivered a blow of sword on Ananta Bhoir and
accused Ananta Patil also inflicted a blow of sword on him. PW 2 had not
stated a sentence before me that accused Sandip Patil also delivered a blow of
sword no Ananta Bhoir and accused Dinker Patil was possessing a chopper
and he pierced chopper in the mouth of Ananta Bhoir. PW 2 did not state a
sentence before me that thereafter,the accused felled Ananta Bhoir on the
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earth and thereafter accused Balkrishna Patil instigated other accused to cut
him into pieces. He had not stated a sentence before me that accused
Balkrishna Patil was possessing a sickle in his hand and he delivered blows of
sickle on Ananta Bhoir and threw it on his person. He had not stated a
sentence before me that Eknath Bhoir and Ratan Mhatre arrived on the spot
and he encouraged them that he would follow them on the spot of incident”.
Thereafter the witness further said, “I have recorded statement of PW 3
Ratan Rama Mhatre. He had not stated before me that wife of Vasudeo also
accompanied him in the hospital. He had not stated a sentence before me
that five persons alighting from auto rickshaw threatened Ananta Bhoir not
to spare since he was found after a long gap. He had not disclosed before me
the names of 3 persons as Dinker Balkrishna Patil, Manohar Balkrishna Patil
and Sandip Balkrishna Patil. He had not stated before me that five persons
dragged Ananta Bhoir from the auto rickshaw and started assaulting him.
He had not stated a sentence before me that while running towards the house
of Ananta Bhoir,he looked behind and witnessed a crowd of 10 to 15 people
on the spot. He had not stated a sentence before me that he requested Ananta
Bhoir that doctors of Corporation hospital were not paying any heed to the
medical treatment of his brother Vasudeo and hence he asked Ananta Bhoir
to accompany him to the hospital and request the doctors to offer necessary
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medical treatment to Vasudeo. It is false to say that I had made to sit the
witness Ratan Rama Mhatre continuously for two days in P.St. It is false to
say that I had recorded his false statement and made him to depose falsely in
the court also.” Thereafter regarding the statement of PW 4, the witness
said, “ I have recorded statement of P.W.4 Sakharam Aba Patil. He had not
stated a sentence before me that there was a sword in the hands of accused
Dinkar and accused Ganesh was possessing a stick and accused Dinker was
possessing a chopper. He had not stated sentence before me that accused
Ganesh was assaulting Ananta by means of a stick. It is true that it did not
transpire to me in the investigation that accused Dinker and Ganesh
assaulted Sakharam Aba Patil. It is false to say that I have recorded
statements of witnesses related to the complainant and deceased only. It is
false to say that I wrote names of panchas witnesses later on the
panchanamas and prepared false panchanamas. It is false to say that I
created false evidence against accused and filed false chargesheet against
them. I did not conduct investigation as to whom the footwear lying on the
spot of incident were belonging.”
This witness was then again crossexamined after the order of
remand by this Court. Though this crossexamination is a very long cross
examination but emphasis was on the fact that certain important witnesses
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were not examined and certain statements attributed to the witnesses were
not made by them. But the most important aspect of the case was narrated
in his crossexamination by the defence, when he was asked as to whether
Shri Katkari was the Police Patil of village Vaklan on the day of occurrence
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i.e. 26 May, 2001. He said that he did not recollect as to whether Shri
Katkari was the Police Patil of the Vaklan village. Then his attention was
drawn by the defence to the Station Diary entry no.20 dated 26/5/2001
recorded at 4.45 p.m. in station diary of Diaghar Outpost. He said, “It is
correct to suggest that in the Station Diary entry at Sr. No.20 now shown
tome, there is reference of Police Patil Shri Katkari of Village Vaklan”. Then
the entry No.20 was read over to this witness by the defence and he said,
“It is true to suggest that in entry at Daighar post at Sr.No.20, recorded at
4.45 p.m., it is mentioned that as Police Patil Shri Katkari of village Vaklan
had brought Shri Anant Bhoir of the said village in an injured condition, he
was sent to hospital along with Police constable Shri Raut, Buckle No. 1751
and that therefore, information of the said incident was conveyed to PSI
Surve is also mentioned.” Thereafter the attention of the witness was drawn
to the certified copy of the station diary entry at Sr.No.20, and he said,
“The said entry now shown to me is the same. It is correct. It is at Exh.D183.
I had not gone through the said entry during investigation. It is correct to
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43
suggest that during the investigation,it was revealed that injured deceased
Ananta Bhoir was initially brought to Outpost Daighar in an injured
condition. I do not recollect today as to whether or not after it was so
revealed, I had made any enquiry to that effect at Daighar Outpost.”
Thereafter his attention was drawn to the Station diary entry No.21 dated
26/5/2001 recorded at 17.30 hrs. and he said, “It is correct to suggest that
there is entry at Sr.No.21 to the effect that by virtue of my order, to bring
photographer and Shwanpathak, somebody was sent to Kousa and police
station” . Then the witness was shown the certified copy of station diary
No.21. He said that the entry shown to him was correct. It was at Exh.D
184. Then he further said, “It is true to suggest that said order issued by me
was in connection with the crime in question. It is true to suggest that no
photographs nor report by dog squad have been produced along with the
chargesheet. It is true to suggest that in the event of undetected offenders,
the help of dogsquad is to be taken. It is true to suggest that as I was not
aware as to who were the culprits regarding the said crime till 17.30 hours, I
had made such order for dogsquad.” Then his attention was drawn to entry
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No.18 recorded at 14.15 hrs. on 26 May, 2001 at Police Outpost Daighar
and he said, “ It is true to suggest that as per the said entry the then police
constable Shri Raut, Buckle No.1751 had joined his duty at Outpost at
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relevant time.” The certified copy of the said entry was shown to him and
he found it to be correct and it was exhibited as Exh.D185. Then he said
that during investigation he did not record the statement of the said Police
Patil Shri Katkari. He admitted the suggestion that no police officer
attached to Police Outpost Daighar at relevant time had recorded any
statement of Police Patil Shri Katkari. Then he said, “It is true to suggest
that as per Station diary entry No.20, Anant Bhoir (Deceased) was brought
in an injured condition to police outpost Daighar for the first time by Police
Patil Shri. Katkari. I do not recollect as to whether or not Katkari Wadi of
village Vaklan is out of the village limits of village Valkan. During
investigation I did not make any note as to what was the report of the dog
squad. It is true to suggest that as per the said entry, the then police
constable Shri Raut had accompanied Ananta Bhoir (deceased victim) to
Civil Hospital, Thane. I am unable to state as to who recorded the said
station diary entries at relevant time at Daighar Outpost”. Then his attention
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was drawn to Station Diary Entry No.25 dated 26 May, 2001 recorded at
20.00 hours at Outpost Daighar and he accepted the entry to be correct
and accepted that according to this entry, the police constable Shri Raut,
who had accompanied to the deceased has returned to the Daighar
Outpost from the Civil Hospital at about 8.00 p.m. Then his attention was
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drawn to entry No.24 of Station Diary of Mumbra Police Station dated
26th May, 2001. He accepted this entry to be correct and said, “It was true
to suggest that as per this station diary entry, the then P.S.I. Shri Surve
along with police constable Shri Bhosale had proceeded to hospital to record
statement of victim Shri Anant Dinkar Bhoir (Deceased) who was admitted
in the Hospital.” This entry is exhibited as Exh.D187. He did not make any
inquiry as to whether the PSI Surve had recorded any statement of Ananta
Bhoir. The witness did not record the statement of PSI Surve. He stated
that he was present in the police station when deceased was brought to
Mumbra Police Station. He accepted another entry as Exh.188 pertaining
to station diary entry No.24 which shows that constable Thakur, Buckle
No.920 along with SRP Platoon No.3 Group No.1 had proceeded towards
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village Vaklan on 26 May, 2001 at 19.10 hrs. He did not recollect as to
who scribed the station diary entry Exh.D187 at Mumbra Police Station.
His attention was then drawn to Entry No.25 recorded at 17.40 hrs. at
Mumbra Police Station and he stated that it was true that as per said entry
PSI Surve from Civil Hospital, Thane, informed that Shri Ananta Dinkar
Bhoir had died at about 17.35 hrs. This entry was marked Exh.D189. Both
Exh.D187 and D189 were recorded by the same officer and he was Police
Constable Shri Pathak. He did not feel it necessary during investigation to
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record the statement of the then constable Shri Pathak. He also did not
feel it necessary to record statement of Police Patil Katkari, Police
Constable Raut, PSI Surve and Police Constable Bhosale. At 17.45 hrs. on
26th May, 2001 he had instructed PSI Surve to prepare inquest
panchanama, which is reflected in entry No.26. It was marked as Exh.D
190. He accepted that according to inquest panchanama, Exh.50, the
inquest was started on 17.45 hrs.
In his further crossexamination, he stated that during
investigation he had recorded the statements of the daughter and son of
the deceased. He recorded the same after about 2 days of the incident. He
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recorded statement of PW 16 on 27 May, 2001.
25. The evidence of PW 1 to PW 4, who were projected as eye
witnesses and who were examined earlier was concerned by this Court
while ordering an order of remand. The court found their evidence to be
insufficient. We have also seen the evidence and on the basis of this
evidence it is difficult to convict any of the accused. Thereafter, the Court
tried to get other eye witnesses examined, who have now been examined
as PW 16, PW 17, PW 18 and PW 19. PW 20 was the Investigating Officer
who was also examined.
26. PW 16 Hemant Ananta Bhoir, stated that at about 4.00 p.m.
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he had proceeded towards his grocery shop. At that time Shri Ratan
Mhatre rushed to his residence and disclosed the names of accused persons
and also told him that the accused persons were assaulting his father by
means of sticks, iron bar, sickle, chopper, knife and sword. It was PW 3
who had informed him that the accused persons were assaulting his father
in front of the house of Dnyaneshwar Rama Patil. Thereafter PW 1 and
other rushed to the place of occurrence. Now if this witness is to be
believed then nobody was real eye witness to the occurrence except PW 3.
But all the witnesses claimed that they were eye witnesses. Whatever this
witness has learnt about actual incident, he learnt from PW 3. But this
again he improved and stated that each of the accused played what role in
the occurrence. He could see dozens of the accused and he could also
remember which of the accused had which of the weapon in his hand. He,
however, stated that all the accused persons were assaulting his father
with weapons they had in their hand. Then he said, after he reached his
uncle Eknath Bhoir, Laxman Patil and Ratan Mhatre went to the spot. His
brother brought jeep and they took the deceased in jeep to Daighar
Outpost within Mumbra Police Station and hereafter his father was taken
to Civil Hospital.
27. PW 17 Balkrushna Keshav Patil was another projected eye
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witness, who was a rickshaw driver, but had not take his rickshaw but had
taken the rickshaw of somebody else. Hew had 5 passengers. 3 were male
and 2 were lady. He knew Corporator Mr. Ananta Bhoir amongst other
passengers. After 2 lady passengers alighted near and village, he
proceeded towards the village Vaklan. From opposite side another auto
rickshaw came in which assailants were traveling. They were about 5 to 6
persons. They were armed with swords and started assaulting Corporator.
At that time, besides these 5 to 6 persons, 25 to 30 persons also came on
the spot. They were armed with iron bars and sticks. He got frightened and
fled away. He could identify only 2 of the accused in the Court. No
identification parade was carried according to him. As he was frightened,
he did not go to the police to inform about the incident. After two days of
the incident, his uncle took him to the police station. In his statement,
however, he admitted that he did not give description of the accused
person.
28. PW 18 Vinod Ananta Bhoir, is the son of the deceased. He
and his brother were running a shop at Vaklan. The other brother was PW
16. He and his brother came to the residence at noon for lunch. At about
3.30 to 4.00 p.m. he and his brother started to go back to their shop, PW 3
came and informed them about the assault by covillagers on their father
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Ananta Bhoir by weapons. He also narrated the same story, which was
narrated by PW 16 and for the reasons PW 16 is not believable the story of
this witness cannot also be believed.
29. PW 19 Sau. Suvarna Ramakant Patil, is the daughter of the
deceased. She was at home when she came to know of the quarrel had
taken place in front of the residence of Dnyaneshwar Patil. She rushed to
the place of occurrence. About 30 to 35 persons were present. Out of them
5 to 6 persons were assaulting the deceased and others were standing near
them. On the other hand, PW3, PW 16, PW 17 and PW 18 stated that all
the persons present were assaulting the deceased. They were assaulting
him with swords, chopper and knife. Others were having sticks and iron
barws with them. She asked somebody from the family of Dnyaneshwar
Patil to bring water and she gave it to her father. In the meantime, her
uncle PW 1 and PW 16 came here. She identified the accused persons in
the court. She accepted all that has been pointed out and also the
improvement made in her statement. She also accepted that her statement
was recorded by the police for the first time after 15 days of the
occurrence.
30. PW 20 Ananta Valku Kharpatil is another witness, who
statement was recorded after remand. On 26th May, 2001 he had gone to
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village Vaklan to see his sister Prema. He was going by auto rickshaw. 2
ladies, two other male persons, and his son were traveling along with him
in the auto rickshaw. After the ladies alighted from vehicle, 3 male persons
remained in the auto rickshaw. While proceeding towards Vaklan village,
all of a sudden one auto rickshaw came in the opposite direction and their
auto rickshaw driver applied brakes. As the auto rickshaw driver had
applied brakes abruptly, the bag containing mangoes, which was in the
hands of his son fell down. He tied to see whether his son had sustained
any injury. All of a sudden he heard the utterances "Mara" and he got
frightened. He along with his son jumped from the auto rickshaw and ran
away. Out of the two persons, who were still in the auto rickshaw, one
person preferred to stay in the auto rickshaw. The other person alighted
from the auto rickshaw. This witness did not say anything about the
occurrence.
31. PW 15 was the Investigating Officer, who was examined and
further crossexamined by the orders of this Court. His statement in itself is
the testimony to the fact that the full facts have not been brought to the
notice of the court. We have recorded his statement in detail.
32. Learned Counsel for the appellants submits that the testimony
of projected eye witnesses does not inspire confidence as they have
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contradicted each other. Besides that the Investigating Officer recorded the
statements of the son and daughter of the deceased after two days of the
incident. He further submits that as a matter of fact the true facts have
never been brought to the notice of the court, which is manifest from the
station diaries maintained at Mumbra Police Station and also at Daighar
Out Post. For the first time, according to this diary Shri Ananta Bhoir, the
deceased was brought in injured condition to Daighar Out Post at 16.45
hrs. Whereas all the witnesses stated that they accompanied the deceased
to the hospital were emphatic that they never took him to the police post.
Police Patil Shri Katkari accompanying the deceased Ananta Bhoir to the
Dighar Police Out Post at 16.45 hrs on the day of occurrence and he was
sent to hospital along with police constable Raut. The information was
given to PSI Surve. The Investigating Officer states that he did not find it
necessary to examine Police Patil Katkari or PSI Surve or Police Constable
Raut. It is contended by the learned Counsel for the appellants that as a
matter of fact the deceased was found in an injured condition by the Police
Patil and he took him to the Dighar Police Out Post and then to the
Hospital. No body was accompanying Ananta Bhoir, the deceased, to the
Police Out Post or to the Hospital except Police Patil Shri Katkari whose
testimony was, therefore, suppressed from the Court. He submits that the
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accused were not known to anybody. Therefore a dog squad was arranged,
which has been admitted by the Investigating Officer in his statement and
which is reflected in entry No.21 of the Dighar Out Post. The entry reads as
under:
"It is noted that, at the noted time on the orders of P.I. (Crime)
Shri Deshmukh, photographer and Dog Squad for our work are
sent to Kausa and police station.”
Shri Deshmukh is the Investigating Officer. He accepted that this Dog
Squad was called only to trace the accused persons in connection with the
murder of Ananta Bhoir. Then there is entry No.24 in Mumbra Police
Station, which shows that PSI Surve and Police Constable Bhosale went
with Ananta Dinkar Bhoir for recording his statement. That means after
going to Dighar Out Post, the injured was taken to Mumbra Police Station,
as this entry says, “ Since the person name Ananta Dinkar Bhoir . . . . . . had
suffered injuries; he was sent for medical treatment. Similarly, P.S.I. Surve
and P.C. Bhosale went with him for recording statements.” Nowhere in the
evidence of PSI Surve – PW 14, it is recorded whether he went to the
Hospital to record statement of the deceased or not. Then at 7.14, there is
an entry being Serial No.25, when PSI Surve informed from the Civil
Hospital, Thane, that Ananta Dinkar Bhoir had died at 5.35 p.m. and
Doctor had declared him dead. The Doctor who examined the deceased for
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the first time was not at all examined. He could have at least stated as to
who had accompanied the deceased to the hospital.
33. The case of all the eye witnesses was that they were present at
the spot, then took the deceased to the police station and then t the civil
hospital. Whereas, the record maintained by the police at the police
outpost shows that nobody had seen the occurrence and it was the police
patil Shri Katkari, who had reported the matter and Mr. Raut, Police
Constable had accompanied the deceased to the hospital. The police patil
Mr. Katkari was not even examined by the prosecution. Therefore, we have
two versions; one of the projected eye witnesses and another by the
Investigating Officer supported by the record. Both these versions can not
be reconciled. Therefore, we feel that the prosecution has not been able to
prove the case against the accused persons beyond doubt.
34. In view of the above, both the appeals are allowed. The
impugned Judgment and order dated 21st February, 2003 passed by the II
Adhoc Additional Sessions Judge, Thane, in Sessions Case No. 18 of 2002
convicting the accused Nos. 1, 2, 5, 6, 9, 10, 11, 12, 13, 18, 19, 22, 23,24
and 25 for the offences punishable under Sections 147, 148, 149, 341, 506
and 302 of the Indian Penal Code and sentencing to suffer rigorous
imprisonment for six months for the offence punishable under different
sections and also to suffer rigorous imprisonment for life for the offence
punishable under Sections 149 and 302 of the Indian Penal Code is hereby
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quashed and set aside. The accused / appellants in both the appeals are
hereby directed to be released forthwith if not required in any other case.
The fine, if any, recovered from them be also refunded. The bail bond, if
any, given by the accused who are on bail to stand cancelled.
Sd/
(BILAL NAZKI, J.)
Sd/
(A. R. JOSHI, J.)
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