SHYAMSUNDAR VITHAL PAWLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 268/2014 preferred by original accused Nos. 1 and 3 and, Criminal Appeal No. 465/2014 preferred by original accused No. 2, are being disposed of by common order as they arise out of the judgment and order dated 05.04.2014, passed by the learned Additional Sessions Judge, Kandhar, Dist. Nanded, whereby accused Nos. 1 to 3 have been convicted of the offence punishable under Section 364 read with Section 34 of the Indian Penal Code and are sentenced to rigorous imprisonment for ten years and to pay fine of Rs. 1,000/- each in default, to suffer rigorous imprisonment for six months each and, they were also sentenced imprisonment for life and to pay fine of Rs. 1,000/- each in default, to suffer rigorous imprisonment for six months for offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Both the sentences are directed to run concurrently. By the said judgment, accused Nos. 1 to 3 are acquitted of the offence punishable under Section 506 read with Section 34 of the Indian Penal Code. By the same judgment and order, accused No. 4 has been acquitted of all the offences.

(2.) Facts giving rise to these appeals are that appellants 1 and 2 in Criminal Appeal No. 268/2014 original accused Nos. 1 and 2 (hereinafter referred to as accused Nos. 1 and 3) and appellant in Criminal Appeal No. 465/2014 original accused No. 2(hereinafter referred to as accused No. 2) and the deceased Ananda Ganpati Pawle are the residents of village Gonar. It was the grievance of the deceased Ananda Pawle that accused Nos. 1 to 3 used to let lose cattle of accused No. 1 as a result of which, the cattle used to graze in the land of the deceased. On 31.12.2010, there was an altercation between the wife of the deceased and accused No. 1 Shyamsundar on the ground that cattle of accused No. 1 Shyamsundar grazed in the land of the deceased. On 31.12.2010, devotional songs were being sung in the temple at Gonar. Accused No. 1 Shyamsundar was present there. Deceased Ananda went there and abused the accused No. 1 and kicked him on the ground of grazing his cattle in the land of the deceased. Accused No. 1 Shyamsundar lodged First Information Report in Mukhed Police Station on 01.01.2011 at around 1.00 pm.

(3.) It is further the case of the prosecution that on 01.01.2011 at about 12.30 pm, deceased Ananda was standing in Lokhande square, Mukhed. Soon thereafter, accused No.1 Shyamsundar and accused no. 2 Madhav came there on motorcycle and started slapping him on the ground of quarrel in the previous night on account of grazing of cattle and made him sit on the motorcycle and took him by Kautha Road. They took him to village Beli and at the pati (the board on which name of the village is written) beat him. Accused No. 1 beat him by means of katti on his both right and left elbows, right and left knees and on right foot. Accused No. 2 delivered a blow of stick on both the knees of the deceased Ananda and caused fracture to his legs. Accused No. 2 also delivered a blow of stick on his left hand and caused fracture. He also delivered a blow of stick on his head. Accused No. 3 Sharad dealt a blow of stone on the head of the deceased Ananda and accused No. 4 beat him with kicks and fist blows.