KISHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the Bombay High Court (Nagpur Bench) dismissing the revision of the present appellants against the order of the Sessions Judge, Yeotmal allowing in part their appeal by acquitting Laxman of the charge under Section 147, I.P.C. but otherwise maintaining the conviction of all the appellants but reducing their sentences.

(2.) According to the broad features of prosecution story the prosecution witnesses and the accused persons belong to two opposite factions in village Gaul, Taluk Pusad, District Yeotmal. Indeed, there had been criminal proceedings between them even on earlier occasions. The relations between the two parties were, therefore, admittedly strained for some time prior to the present occurrence which took place on July 12, 1965 On that day three prosecution witnesses Narayan, Baburao and Rangrao, and one Ganpat, are alleged to have accidentally met at the dispensary of one Bajirao at Shembal Pimpri. That was a bazar day and at about 3 p.m. they left Shembal Pimpri for going to their village Gaul. While they were about one mile away from their village they met the present appellants and some others. Kisan, appellant, challenged the party of the witness inquiring as to why they had given evidence in the tenancy cases and, so saying, instigated his companions to assault them. This led to a scuffle in which Narayan and Rangaro sustained some injuries. Baburao lost a tooth. Ganpat is alleged to have shouted for help. In response, some people arrived there and seeing them, the accused persons ran away, Rangrao, whose injuries were somewhat serious, was taken first to Shembal Pimpri and from there to the hospital at Pusad. The police sent up II persons for trial. The trial court on a consideration of the evidence came to the conclusion that the prosecution had succeeded in proving the case only so far as accused Nos. 1, 2, 5, 6 and 7 were concerned. They are the present appellants in this Court. Kisan, Ramrao son of Jagdeorao, Marotirao Bhimrao and Laxman. The five appellants were all found guilty of an offence under Section 147, I.P.C. and also of an offence under Section 323 read with Section 149, I P.C. Laxman was in addition found guilty of an offence under Section 148, I.P.C. They were all sentenced to various terms of in prisonment which it is not necessary to state for our present purpose. On appeal the learned Sessions Judge sentenced them as follows:

(3.) Kisan Ramrao & Marotrao were to undergo rigorous imprisonment for 4 months on each count for offences Under Section 147 & 323 read with 148, IPC sentence of fine was setaside. Bhimarao s/o Shankarrao was sentenced for each of the two offences under the aforesaids ections to pay a fine of Rs. 100/- and in default to undergo rigorous imprisonment for three months for the offence under Section 147 and under go rigorous imprisonment for one month for the offence to under Section 323 readwith Section 149, I.P.C. The sentence of imprisonment imposed on him by the trial court was set aside. Laxman, appellant was acquitted of the charge Under Section 147, but offence Under Section 148 & Section 323 read with Section 149, was sentenced to rigorous imprisonment for 6 months under Section 148 and to rigorous imprisonment for four months under Section 323 bear with Section 149, I P.C. The sentence of fine against him was set aside.