BABU APPA DONGRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have challenged the judgment and order dated 29.8.1996 in Sessions Case No. 20 of 1996 passed by the learned Additional Sessions Judge, Gadhinglaj, whereby appellant No. 1 was found guilty of offence punishable under Section 307 of Indian Penal Code and convicted and sentenced to suffer R.I. for a period of five years and to pay fine in the sum of Rs.5000/in default to suffer S.I. for six months. While appellant No. 2 was found guilty of offence punishable under Section 323 of I.P.C and convicted to suffer S.I. till rising of the Court and to pay fine in the sum of Rs.1000/in default to suffer further S.I. for three months. Original accused No. 3 was acquitted of offence punishable under Section 307 as well as under Section 325 read with Section 34 of I.P.C.

(2.) Briefly stated, it appears, prosecution is that : on 23.6.1994 there was Bendur festival of bullocks in Bhadvan village, Taluka Ajara, District Kolhapur. On that day, there was procession of bullocks in the village which was started from the village and it reached to Kedarling temple and after performing the pooja, the procession started to return back. Number of villagers including PW1 were watching the procession while appellant No. 1 and one Balu Dattu Jadhav were dancing in the procession, purportedly under the influence of liquor. While dancing, they had fell down. PW1 had helped appellant No. 1 and Balu to get up and asked them to go to the house while accused No. 1 asked PW1 as to who he was to direct them. It is the case of the prosecution that the quarrel arose between appellant No. 1 and PW5 on this count in which PW5 had suffered bleeding injury at his head. However, witnesses Mahadeo Govind Patil and Antu Tukaram Godase have rescued the quarrel and sent PW5 to his house who had narrated the incident to his wife and mother. They went to the house of appellant No. 1 to question about his act as to why he abused. It is further the prosecution case that appellant No. 1 came with an axe and when questioned about why he assaulted PW5, appellant No. 1 assaulted Changunabai (PW5) on her head with axe while appellant No. 2 assaulted PW5 with yoke on shoulder. It is case of the prosecution that Changunabai in the result sustained head injury described in injury certificate Exh.57 as follows :( 1) Cut sharp wound to Lt. side of frontal region injury above the eye brow vertical wound about 2" X 1/4" muscle deep bone is visible. Oozing of blood present. Nature of injury was mentioned as "grievous" by Medical Officer, Primary Health Center, Ajara, District Kolhapur.

(3.) In respect of the incident, PW5 went to Ajara police station to lodge a complaint alleging that due to previous enmity, the appellants had caused injuries. After complaint was recorded, the police had proceeded to the spot to record panchanama regarding scene of offence and injured was referred for medical treatment. It is also case of the prosecution that the weapon of offence i.e. axe was recovered under the panchanama (Exh.21 & 22) at the instance of appellant No. 1 from cattle shed. While yoke was discovered at the instance of appellant No. 2 under panchnamas (Exh.23 & 24). Upon completion of investigation, chargesheet was submitted before the learned J.M.F.C., Ajara and the appellants were charged under Section 307 read with Section 34 of I.P.C..