LAXMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Five accused Laxman (30), Suka Sukhdeo (40), Jyotiram (40), Rajeram (45) and Ramdas (28) were tried in the Court of the Sessions Judge Amravati under Section 302 read with Section 34 Indian Penal Code for causing the death of Sitaram (40). Learned Sessions Judge acquitted Ramdas and convicted the other four accused under Section 325 read with Section 34 Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.200 or in default to undergo rigorous imprisonment for a further period of three months. Two cross-appeals were filed against the judgment of the Sessions Judge. One of the appeals was by Rajeram against his conviction and sentence. The other appeal was by the State of Maharashtra praying that the conviction of the accused should have been under Section 302 read with Section 34 instead of Section 325 read with Section 34 instead of Section 325 read with Section 34 Indian Penal Code. The Nagpur Bench of the Bombay High Court dismissed the appeal of Rajeram. The appeal filled by the State was accepted and the conviction of the four convicted accused was altered to that under Section 302 read with Section 34 Indian Penal Code. Each of them was sentenced to undergo imprisonment for life. The four convicted accused thereafter came up in appeal to this Court by special leave.

(2.) The prosecution case is that Sitaram deceased was employed by Nathmal (PW 1) as a watchman for his fields in the area of village Darapur near Kolhapur. On December 19, (9 ) 1966, at about 4 p.m. when Nathamal went to the bazar in Kolhapur he was informed by Ramdas accused that Sitaram had been attacked by Jyotiram, Sukhdeo and Laxman accused in the fields. Nathamal then told his son Radheyshyam (PW 3) who is a student; that he had been informed about the assault on Sitaram in the fields. Radheyshyam, accompanied by two of the servants, Sadiq and Gaursha, went in a bullock cart to the fields. Sitaram was found by Radheshyam and others lying in an injured condition in a field. Sitaram was then put in the bullock cart and was taken to police station Kolhapur. The bullock cart was driven by Gaursha. On the way, according to Sadiq (PW 5), he was told by Sitaram deceased that he had been injured by the four appellants. On arrival at the police station Radheyshyam lodged report, Ex.9 at 6.15 p.m. In that report the names of the assailants of Sitaram were not mentioned.

(3.) Sitaram was thereafter taken in the bullock cart to the dispensary in Kohlapur where his injuries were examined by Dr. Shankar Gaikwad (P.W.4). Dr. Gaikwad found that the condition of Sitaram was serious. He accordingly sent an intimation to police station Kohlapur for recording the dying declaration of Sitaram. Head Constable Utamrao then came to the dispensary. The Head Constable obtained a certificate of Dr. Gaikwad that Sitaram was in fit condition to make a statement. Dying declaration Ex.38 of Sitaram was then recorded by the Head Constable. The dying declaration was in the form of questions and answers. In answer to the question as to who had assaulted him, Sitaram mentioned the names of all the five accused. In answer to another question about the weapons used by the assailants, Sitaram stated that he had been assaulted with axe and sticks. Regarding the cause of the assault, Sitaram stated that Suka accused had cut jowar in the past and a report about that had been made by Sitaram. The dying declaration of Sitaram was also signed by Radhesham who was present at the time the dying declaration was recorded. Sitaram's condition became serious there after. He died at 9 p.m. when he was being put in the cart of being taken to Amravati. Postmortem examination on the body of Sitaram was performed by Dr. Anant Deshpande on December 10, 1966 at 3 p.m. in Amravati. The doctor found 34 injuries on the body consisting mostly of cuntusions. There was one lacerated wound on left arm, while four injuries connsisted of abrasions. The injuries were sufficient in the ordinary course of nature to cause death. The five accused were there after arrested.