HANMANT NAGNATH GAVALI BHOSLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal filed under section 374 of the Code of Criminal Procedure is directed against the order of conviction and sentence passed on 30th March, 1991 by the learned Ilnd Additional Sessions Judge, at Solapur in Sessions case No.193 of 1987. The appellant-accused no.3 came to be convicted for the offence punishable under section 302 of the Indian Penal Code and sentenced to suffer life imprisonment with fine of Rs.200/- and in default to suffer rigorous imprisonment for one more month. While this appeal was admitted on 3rd June, 1991, the appellant was released on bail and as of now he continues to be on bail. The accused no.l is the father of accused nos. 2 and 3 and accused nos. 1 and 2 have been acquitted.

(2.) As per the prosecution, the deceased Bhagwan son of Pandu Narale and accused are residents of village Bhadali and were holding agricultural lands adjacent to each other. One Bhagwan Shewale was holding agricultural land admeasuring about 2Vi acres which was located between the land of the complainant party and the accused and initially the said land was purchased by accused no. 1 but the agreement failed and therefore the said land was purchased by the complainant party and on that count there was a dispute between both the families.

(3.) On 15th January, 1987 there was a scuffle between Abhiman Narale and accused no.3 near the agricultural land and accused no.3 was armed with an iron bar at that time. In the scuffle both of them had received some bruise injuries and the incident had taken place around 7.30 a.m. At about 8 a.m. the accused nos.2 and 3 went to the house of the complainant PW-3 Chhaya Narale wife of Abhiman (PW-7) was present. They asked her about her husband and father-in-law and she informed them that the husband had left for Mumbai and father-in-law had gone out towards the carpenter's shop (PW-4). They started abusing and accused no.2 was having two stones in his hand. Suspecting some foul play, she immediately ran towards the carpenter's house. She located her fatherin- law near the carpenter's house and informed him that accused nos. 2 and 3 had come to attack him. Therefore, he was returning towards his house and at that time he was attacked by the accused. Accused no.2 Laxman Gavali pelted stones and hit on the left rib of Bhagwan. When she tried to protect her father-in-law, she was pushed by the accused no.2 and suffered some injury on her elbow and her bangles had broken. Accused nos.l and 2 caught hold of her father-in-law and accused no.3 Hanmant Gavali assaulted him with a gupti on his chest as a result of which her father-in-law sustained bleeding injuries and fell down. Sukdeo Gaikwad PW 4 and Gopinath Jethithor PW-5 rushed to the spot along with Ramchandra. At this stage accused nos.2 and 3 ran away. Bhagwan was declared dead and therefore Police Patil Ashok Kamble who had also seen the incident filed F.I.R at Exhibit-33 which was recorded by PW-18 Namdeo Tupe Police Head constable attached to Nannak police outpost of Vairag police station at the relevant time. The accused came to be arrested on the same day.