KASHINATH PUNJAJI SHARDOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by all four appellants/accused against Conviction Order dated 28.9.1990 passed by the learned Additional Sessions Judge, Nashik, in Sessions Case No. 71 of 1990, for the offences punishable under sections 302/324 read with 34 of Indian Penal Code (IPC), by holding that the prosecution has proved that all the accused in furtherance of their common intention committed the murder of "Kacharu" (the deceased) and accused No. 4, under section 324, voluntarily caused grievous hurt to Ashok-Complainant.

(2.) The prosecution case as recorded in the impugned judgment is as under: "Complainant Ashok lives with his brothers Kacharu, Jaywant, Ramchandra, mother Sonubai and father Dhulaji. His wife is Kalpana and sister-in-law is Shantabai wife of Kacharu. Both of them live with them. Complainant and his family owns some cat-tie heads. On the day of the incident, San tosh son of Kacharu had taken the cattle for grazing. While Santosh was grazing cattle, accused No. 4 Vijay abused him. Santosh narrated this fact to his uncle Ashok, the complainant. The complainant therefore, went to question Vijay as to why he had abused Santosh. When he questioned Vijay about it, Vijay again started abusing Ashok and Ashok asked Vijay's father to chastise Vijay. At that time, Vijay aimed a stone at Ashok which hit him on the head. Kacharu Dhulaji, the brother of Ashok also came diere and tried to pacify them but accused No. 2 Shivaji caught hold of complainant Ashok. Then accused No. 1 Kashinath, accused No. 3 Yamaji and accused No. 4 Vijay started assaulting Kacharu with the sticks in their hands. In order to save himself, Kacharu started running away. Accused Nos. 1, 3 and 4 therefore pelted stones at Kacharu. The stones hit him on the head, hand and at different places. As a result of this, Kacharu fell down on a way which leads to the well. The incident was seen by Rupa Gangaram, Suka Pandu, Dagu Gangaram and otiiers. Since Kacharu had sustained serious injiries, complainant brought him in a Tempo to the hospital. A report of the incident was lodged the policy. Since the Medical Officer at Dindori found that the injuries sustained by Kacharu were of serious nature, he directed Kacharu to be removed at Civil Hospital, Nashik. Kacharu later died in the Civil hospital at Nashik. A post-mortem was carried on the dead body. In the meanwhile, the police went to the spot of the incident and had drawn the panchanama of the spot. They also seized uie clothes of Ashok and the deceased. After the accused were arrested, accused No. 4 Vijay made a statement that he would discover the sticks which he had kept on the loft of his uncle's Yamaji's house. He actually discovered those sticks and they were seized by uie police. The clothes seized by the police, die sticks and earth from the spot of incident were sent to the Chemical Analyser for analysis. A charge-sheet thereafter, came to be filed against the accused."

(3.) The prosecution has examined in all 7 witnesses. The witnesses include; PW 1 Ashok, the Complainant and one of the injured; PW 2 Dr. Jadhav, who gave first aid to the deceased and also noted the injuries on his person; PW 3 Rupa and PW 4 Santosh, who is son of the deceased, are eye-witnesses. PW 5 Rambhau is the panch of the discovery panchanama, PW 6 is the PSI Gajbhiv, the Investigating Officer, PW 7 is Dr. Nehete who carried out the post-mortem. The spot panchanama is at Exh. 27. The inquest panchanama is at Exh. 28 and the seizure panchanamas are at Exhs. 29 and 30. No witness was examined in defence.