SURENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants herein are brothers. They were charged with commission of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code for causing the death of one Devaji and for committing an offence punishable under Section 324 read with Section 34 of the Indian Penal Code for causing hurt to Mina Yenurkr and her brother Dilip Yenurkr.

(2.) The deceased admittedly was the uncle of the Appellants. Injured Dilip and Mina are his son and daughter. He had three other sons, viz., Jaywanta, Umakant and Navin Nischal as also a daughter by the name of Hemlata. The incidence took place on 11.12.95 at about 7 a.m. Dilip was allegedly going to a Pan Shop early in the morning. When he crossed some distance, Appellant No. 2 allegedly came out with a stick and hurled some blows on him. Mina (PW-1) seeing this is said to have raised hue and cry. The deceased Devaji came out thereafter and made endeavours to rescue him. At that time Surendra Appellant No. 1 allegedly took out one Ubhari (a big stick) from a bullock cart and assaulted him. Mina went to police station and filed a complaint which was marked as Ex. P-29. However, a First Information Report was lodged on a complaint made by Navin Nischal (PW-2).

(3.) The Appellants contend that Devaji and Dilip had been nurturing deep resentment against them and in particular against Appellant No. 1 who after his fathers death had been looking after the family properties. They were determined to kill Appellant No. 1. Devaji and Dilip allegedly came armed and made attempts to assault Appellant No. 1 who was milking his cows in the cattle shed. Dilip entered into the cattle shed and hurled a blow on his abdomen. He warded off the blows by taking them on his left hand and, thus, received injuries. Thereafter in course of scuffle between them, Dilip fell down in the courtyard and sustained an injury on his head. Devaji thereafter assaulted Appellant No. 1 with a stump of bullock cart on his right hand. He with a view to exercise his right of private defence took out an Ubhari from his bullock cart and injured Devaji. Mina also intervened in the meantime and sustained an injury on her left hand. Allegedly, Appellant No. 1 Surendra thereafter went to police station and lodged a report pursuant whereto a First Information Report was lodged against Dilip and others for commission of an offence under Section 324 read with Section 34 of the Indian Penal Code. All the injured persons were also sent to the Hospital by the Investigating Officer. A chargesheet was also filed under Section 324 of the Indian Penal Code against some of the prosecution witnesses.