DNYANU HARIBA MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the High Court at Bombay dated 26th June, 1967 dismissing the limine the appeal filed by the appellants against the judgment of the Additional Sessions Judge, Sholapur dated 6th February, 1967.

(2.) The appellants Dnyanu, Tukaram and Hariba were convicted under Section 302 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life. The appellants were also convicted under Section 326 read with Sec. 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one year. The appellants were also convicted under Section 323 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one month only. All the sentences were to run concurrently.

(3.) The prosecution case in short is as follows. There were criminal prosecutions between the appellants and some members of the party of Dnyanuba Gadade. Dnyanuba and prosecution witness Panda Shingade appeared in those cases as witnesses against the appellants. On 3rd July, 1966 Dnyanuba went to the shop of one Gulab Kalawat at Taluka Sangda in Sholapur District for getting some grocery on credit. The shop-keeper declined to give him grocery and a quarrel ensured between the two. The prosecution case is that the complainant Narayan Balu, Panda Shingade, Yeshwant Patil, Gana Patil and Nana Gadade happened to be there casually and on the complainant's intervention the dispute was settled. Thereafter Hariba who is an old man of 75 arrived at the shop of Gulab and without any rhyme or reason started abusing Panda Shingade. Thereupon, Panda beat appellant Hariba with a chapal and Dnyanuba beat him with fists. Again the complainant intervened and pacified the parties whereupon appellant Hariba left the place and went towards his flour-mill.