DATTU SHAMRAO VALAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Four persons including the two appellants herein faced the charges under Sections 302/34, 307/34 and Section 326, IPC and also under Section 25(1)(b) and Section 30 of the Arms Act for the fatal assault with deadly weapons on the two deceased persons namely Bajirao and Krishna (also referred to as Kishan by some witnesses) on the forenoon of 18-8-1984 in the village of Walkewadi. On trial, the Additional Sessions Judge, Kolhapur convicted accused Nos. 1 to 4 under Section 302 read with Section 34. Accused Nos.1 and 2 were alternatively convicted under Section 302, IPC individually. Accused Nos.1 and 2 were also convicted for the offence under Section 25(1)(b) and Section 30 of the Arms Act respectively. A-4 was also convicted under Section 324, IPC. Accused Nos.1 to 4 were, however, acquitted of the offence under Section 307, IPC. All the accused were sentenced to life imprisonment.

(2.) On appeal, the High Court acquitted the accused Nos.1 to 4 for the offences under Section 302 read with Section 34 and the High Court convicted the appellant No.2 (A-3) - Tanaji Shamrao Valake under Section 302, IPC and the appellant No.1(A-1) - Dattu Shamrao Valake under Section 304, Part I, IPC and sentenced them to life imprisonment and rigorous imprisonment for a period of 10 years respectively. The conviction of accused No.1 (appellant No.1) under Section 25(1)(a) of the Arms Act was maintained. The fourth accuseds conviction under Section 324 was upheld. Aggrieved by their conviction and sentence, the two appellants who are accused Nos.1 and 3 have filed the present appeal against the judgment of the High Court of Bombay.

(3.) The case of the prosecution is as follows :- The deceased and the accused belonged to nearby villages, namely Varakatwadi and Walkewadi respectively. There was a quarrel on the intervening night of 18th/19th of August, 1984 in connection with the grazing of cattle of accused No.1 on the pasture land situate at the adjacent village Awali said to be in the possession of the deceased and his sons. In the course of scuffle, it is alleged that the accused No.1 was assaulted by Ananda, the brother of PW-10 with a stick. PW-10 drove away the cattle. On the very next day at about 10 a.m. the two deceased persons, namely Krishna and his son Bajirao along with PW-10 and his brother Ananda and the ladies (Suseela-PW7 and Kamal-PW8) went to the village Walkewadi for the purpose of carrying on weeding operations in the land belonging to PW6-Akkatai who is the daughter of the deceased-Krishna and the sister of deceased-Bajirao. They were armed with axe and sticks. When they came near the house of one Hindurao Valake, which is close to the house of the accused, the accused armed with gun, axes and sticks attacked the prosecution party. The accused No.1 was having a double-barrel gun which he fired in the air in the first instance. When he was aiming the gun at Ananda, his brother (PW-10) gave a hit on the gun with a stick under the impact of which the gun fell down and there was accidental shot which, however, did not injure anybody. Then, accused No. 3 inflicted injuries with axe on the head and neck of Bajirao as a result of which he fell down and succumbed to the injuries after a gap of about a month. It is alleged that after Bajirao fell down, the second appellant i.e. accused No.1 took out the axe which Bajirao was having and then attacked Krishna and as a result of the injuries caused to him, Krishna died the next day in the hospital. Accused No. 2 is alleged to have given a stick blow on the head and the back of PW-10. As regards accused No. 4, it is alleged that he was about to attack PW-1 with axe and when PW-10 raised his right hand to ward off the attack, the injury was caused to his index finger.