GYANOBA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants and other four persons were charged for the offences punishable under section 302, 307, 326, 504, 323 read with section 147,148,107 and 109 of the Indian Penal Code in Sessions case No. 17 of 2004. THE appellants were the accused Nos. 1 to 6.

(2.) THE incident took place on 27th March, 2002 at about 5.00 p.m. THE events, that took place prior to the incident, can be narrated in short as under :- THEre was political rivalry between the appellants on one side and the complainant and his family members on the other. In the election of Zilla Parishad and Panchayat Samitee, the wife of the accused No. 10 contested certain seat. THE complainant and his family members canvassed against her. Due to this, enmity between the parties developed. On 27th March, 2002 at about 5.00 p.m. the complainant Lahu and his father Manik were present in their house. THEy heard noise of quarrel from the entrance Ves of the village. THEy rushed towards the entrance. THEy saw, Ankush another son of Manik was being targeted by the appellants and other accused. THEy saw weapons like knives in the hands of the appellants and other accused. THEy even saw that the appellants and other accused inflicted blows of knives on thighs of Ankush. When they tried to intervene, the appellants and other accused used their weapons in similar fashion against them, inflicting injuries mostly on their thighs. Due to the assault and injuries, all the victims namely Ankush, Lahu and Manik fell down. Some persons from the village then brought them to Hospital at Gangakhed. THE Medical Officer, Gangakhed examined their injuries and took note of the same in his Medico-Legal Register. He further referred them to the Civil Hospital, Parbhani. THE injured Ankush succumbed to the injuries within few hours.

(3.) THE Appellant Nos. 4 and 5 were convicted under section 304(11) read with section 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six years. THEy were convicted under section 147 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one month. THE learned Judge of the trial Court directed that out of fine deposited by the appellants Rs. 5000/- be paid to family members of deceased Ankush as compensation.