BAJIRAO BHAU SHERMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants are the original accused Nos. 1, 2 and 3. The appellant Nos. Ito 3have been convicted under Section 323 read with Section 34 of the Indian Penal Code and each of them has sentenced to suffer Rigorous Imprisonment for the period of three years and fine of Rs. 300/- in default further Rigorous Imprisonment for six months. The appellant No. 3 has been convicted under Section 304, Part II, and has been sentenced to suffer Rigorous Imprisonment for five years with the direction that the substantive sentences shall run concurrently. The appellant No. 2 has, however, been sentenced till rising of the court with fine of Rs. 400/- in default Rigorous Imprisonment for three months. The judgment of the learned trial Judge is, however, not clear for what offence the appellant No. 2 has been sentenced.

(2.) THE incident has taken place of March 26, 1984 in field survey No. 147 in village Badnapur, in taluka Sangamner. The complainant P. W. 1 Karbhari had found that the accused No. 3 who is his cousin broke the canal meant for irrigation of his land while transporting the fodder across this canal. That was morning time. The complainant had left, for Ashwi, but before going to Ashwi, he had asked his wife to see that the canal was got repaired by the accused. The complainant returned from Ashwi at about 6. 45 P. M. He saw that there, was no water in the canal. He got angry with his wife. He asked his wife why land was not irrigated. She told him that the accused No. 1 did not repair the canal. It appears that, thereafter, the complainant started abusing. Then the accused Nos. 1 and 3 came armed with sticks and started assaulting the complainant. In the course of said beating the complainant's mother Bhimabai came and tried to request the accused not to assault the complainant. It is the prosecution case that the accused No. 3, however, hit with stick on head of Bhimabai and the accused No. 1 also assaulted her with the stick. At that time the accused No. 2 came to the scene. The complainant was removed in his hut by his wife and daughter Chayabai. At that time the accused No. 2 gave first blow on nose of his daughter.

(3.) IT appears that the complainant thereafter, left the village and went to his family Doctor at Sangamner. There Dr. Saraf, treated him and on the next day at about 10. 00 A. M. the complainant reached his hut, where he saw that his mother was dead. He sent his son Popat to police, and the police came at about 12 noon. It was then the complainant gave his First Information Report Exh. 15 narrating the above incident.