BAJRANG DADA BHONDAWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant was tried alongwith three others in Sessions Case no.106/2006 for the offences punishable under section 302, 324, 323, 504 r/w 34 of the Indian Penal Code for the murder of one Chang Baba Bhondawe. By the judgment and order dated 15/1/2009 the applicant was convicted for the offence punishable under section 302 r/w 34 of the Indian Penal Code and sentenced to undergo life imprisonment. The applicant was also convicted for the offence punishable under section 324 r/w 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one month. Substantive sentences were to run concurrently. The applicant's appeal is admitted. This is his application for bail.

(2.) THE case of the prosecution in short appears to be that Complainant Shobha (P.W.3) who is daughter in law of deceased Changdeo was residing with the deceased, her mother in law, her husband, P.W.2, at Ghumat-Vasti at Ranand,Taluka Man, District Satara. According to the Complainant on 27/10/2005 at 7 a.m. she was fetching water from a tap outside her house. Out of their two buffaloes, one buffalo crossed the road and went in the courtyard of accused no.1 Dada Bhondawe. Therefore, accused Dada pelted stone at the said buffalo and also abused the said buffalo. Upon hearing the said abuses, the deceased came out of the house and asked accused Dada as to why he was abusing the buffalo. There was altercation between the two. At that time accused no.1 and the other accused came there armed with sticks, sword and axe. Accused no.2 is stated to have inflicted axe blow on the deceased. The applicant who is accused no.3 is stated to have raised his sword to inflict injury on the deceased, but on account of P.W.2's intervention the blow did not land on the deceased but resulted in sword injury being caused to the right wrist of P.W.2. Accused no.1 Dada dealt a stick blow on the deceased on his back, leg and hand. Wife of accused no.1, i.e. accused no.4 Savabai, who was also armed with a stick beat the deceased. Accused no.1 was injured. A cross complaint was filed by accused no.1. The deceased was shifted to the hospital. On examination he was declared dead.

(3.) P.W.3, Complainant Shobha has in the FIR stated that accused no.1 and 4 beat the deceased with sticks on his back, hands and head till he fell down. According to her the applicant tried to assault the deceased with a sword. When she tried to intervene the blow landed on her right wrist. In her deposition in the Court she has given the same version.