NANDLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in this appeal were convicted in Sessions Case No.31/2006 for the offence punishable u/s.302 r/w. 34 of the IPC and sentenced to suffer imprisonment for life and to pay fine in the sum of Rs.500/- each in default sentence to suffer further rigorous imprisonment for 3 months, vide judgment and order dated 10/04/2008. The appellants have questioned the legality of this judgment and order by way of present appeal.

(2.) We have heard learned counsel for appellants and learned A.P.P. for State.

(3.) Such of the facts which are necessary for the just decision in this appeal can be summarized as follows : First appellant Nandlal Baviskar and one Dilip Waman Baviskar are close relatives and residing at Pungaon. Somewhere in the year 2005, Dilip constructed a common wall in between his premises and the premises of said Nandlal. Dilip had incurred total expenses of the construction of wall, and then demanded Vi of the expenses from said Nandlal. As Nandlal had denied to pay half of the expenses incurred by Dilip for the construction of wall, frequently quarrel took place between Dilip and Nandlal. On 16/05/ 2006, at around 4.00 p.m., exchange of abuse took place between Dilip, his wife namely Sakhubai and Nandlal, hence son of Dilip, Ganesh called one Gopichand Waman Baviskar. Accordingly, Gopichand and his brother Lakhichand (deceased) went to the residence of Dilip. They noticed that exchange of abuse was going on between Dilip and Nandlal. They tried to pacify the situation. In that process, Lakhichand had also abused Nandlal. Nandlal get annoyed and assaulted Lakhichand and also abused Gopichand. Being annoyed by the said assault, Gopichand gave stick blow on the head of the Nandlal. This Lakhichand was physically disabled person. Thereafter, Nandlal ran away from the spot, and went to his residence and returned alongwith Parshuram and son of Parshuram namely Sanjay. Nandlal was armed with a gupti, while Parshuram was armed with ballam and Sanjay was armed with stick. When Gopichand, Dilip and Lakhichand saw appellants approaching towards them, having weapons in their hand, at that time, they were in front of the house of one Sunil and the time was around 4.15 p.m. Gopichand and Dilip went at one side, but because of physical disability, Lakhichand was not quick enough to move. At that time, Nandlal assaulted Lakhichand with gupti on his left armpit. Parshuram assaulted Lakhichand with ballam while Sanjay assaulted him with stick. Due to said assault, Lakhichand sustained bleeding injuries on his chest, left armpit and became unconscious. On seeing this scenario, appellants left the spot. Gopichand, his sister in law Sakhubai and others took Lakhichand to Government Hospital, Adawad, where after examination, he was declared dead. The incident was reported by Gopichand in Adawad Police Station. On the basis of this report, an offence was registered vide CR No. 16/2006. Dead body of Lakhichand was sent for post-mortem. Dr. Dattatraya Kalidas Birajdar conducted post mortem on the dead body of Lakhichand on 17/05/2006. At that time, he noticed following external and internal injuries on the person of Lakhichand: