TUKARAM GUNDU NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Tukaram Gundu Naik was tried along with two others for an offence punishable under Section 307/34, I.P.C. The appellant was also charged under Section 307 simpliciter. The trial court acquitted all of them. The State preferred an appeal and it was admitted against the appellant and dismissed against the other two by the High Court. A Division Bench of the High Court after having considered the evidence of the prosecution witnesses particularly that of the victim, convicted the appellant under Section 307, I.P.C. and sentenced him to undergo five years R.I. Hence the present appeal.

(2.) The prosecution case is as follows: A-1 (the appellant herein) and A-2 are the real brothers and A-3 is the son of A-1 and they are residents of Pokhale, Taluka Panhala. The appellant was the Director of the Milk Dairy of Ward Factory and also the Chairman of the Market Committee at Kolhapur and a political worker. The victim Shivaji Aba, P. W. 8 is also a resident of the same village and used to take active part in the village activities. He was in charge of the Library started by him and others in the village. He also canvassed for some candidates in the elections and in 1967 helped the present appellant but in 1972 worked against the appellant. As a result of this, the relations between the appellant and the family of Shivaji Aba were not good. Aba Dnyanu, P.W. 9 the father of P.W. 8, is the Police Patil of the village.

(3.) On 13-4-1973 at about 6 p.m. Ramajan, P.W. 1 met Shivaji Aba, P.W. 8 in the village. P.W. 8 asked P.W. I as to why he was frequently visiting the village and also scolled him for carrying an axe with him. There was a scuffle between the two and P.W. 1 received an injury. He went and reported the matter to A-1. The appellant sent him to the panchayat office and followed him there. Thereafter he sent for the police patil and the sarpanch. Both of them came there. In their presence the appellant asked P.W. 8 why he has assaulted P.W. 1. So saying he slapped Shivaji Aba, P.W. 8 twice. P.W. 9 also slapped P.W. 8 when he tried to abuse the appellant. Thereafter there was some scuffle between P.W. 8 and A-1 and both of them came in the verandah. P.W. 9 also came to the verandah. There the appellant inflicted injuries with a knife on P.W. 8. A-2 and A-3 are alleged to have hurled stones at P.W. 8. P.W. 8 rushed and took shelter in the house of his aunt. P.W. 9 who was informed about the condition of P.W. 8 also came there. He brought a rikshaw and took Shivaji Aba to the Police Station, gave a report there and then took him to the Civil Hospital, Kolhapur. P.W. 11 also came along with them from the village. Shivaji Aba, P.W. 8 was treated in the hospital as an in patient till 18-8-1973 and thereafter he was discharged. Meanwhile an offence was registered under Section 326, I.P.C. and investigation proceeded. The accused were arrested and the charge-sheet was laid. The accused denied the offence. The appellant in his statement under Section 313, Cr.P.C. stated that he was a political worker and that P.W. 8 canvassed against him in the elections. He also stated that he was present in Chavadi but he denied having slapped P.W. 8. According to him, he did not step put of the office of the panchayat and he stated that he has been falsely implicated.