SHAIKH JAVED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is fled to challenge the judgment and order of Sessions Case No. 430/2009 which was pending in the Court of learned Additional Sessions Judge, Aurangabad (Special Judge). The Trial Court has convicted both the appellants for the ofences punishable under sections 302, 324 r/w. 34 of Indian Penal Code (hereinafter referred to as 'I.P.C.' for short) and each of them is sentenced to sufer imprisonment for life and to pay fne amount. They were charged for the ofences punishable under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also for the ofence punishable under section 307 of I.P.C., but they are acquitted of those ofences. Along with the present appellants, there were two more accused like accused Nos. 3 and 4 who were tried for aforesaid ofences, but they are acquitted of all the ofences. The State has not preferred appeal to challenge that decision of acquittal. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :-

(3.) The incident in question took place on 27.8.2009 at about 22.30 hours. At the relevant time, informant, deceased Durgesh and Yogesh, brother of informant on maternal side were chit chatting in front of the residential place of the informant. At that time, all the four accused came there. Accused No. 3 is father of accused Nos. 1, 2 and 4 and his age was more than 48 years at the relevant time. It is the case of prosecution that out of previous quarrel, the accused picked up quarrel with the informant and the two boys who were sitting with him. It is the case of prosecution that during quarrel abuses were given and frst informant, Yogesh and deceased were assaulted by slaps by accused. Accused No. 1 Javed assaulted Durgesh by wooden log on the head of Durgesh. Due to that, he sustained bleeding injury to his head. It is the case of prosecution that by using the same wooden log, accused No. 1 Javed then assaulted informant and after that accused No. 2 Shaikh Asad and Shaikh Javed assaulted to Yogesh by wooden handle of spade and wooden log and they caused injuries to him also. Some persons from the vicinity like Anand Dhanedhar rushed to the spot and they separated the quarrel. It is the case of prosecution that the persons who came there for separating quarrel were also assaulted by the accused persons. From the spot, the informant, Yogesh and Durgesh were shifted to hospital. Some primary treatment was given to informant and Yogesh, but Durgesh was admitted in the hospital for treatment as he had sustained serious injury and he was unconscious. Mangesh approached police on 28.8.2009 and gave report in respect of the incident. The crime came to be registered at C.R. No. 250/2009 in Mukundwadi Police Station, Aurangabad City for ofences punishable under sections 324, 323, 504, 506 and 34 of I.P.C. against all the four accused. All the four accused came to be arrested.