CHIMNYA CHAMKYA KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed by the original accused No. 1 Chimnya Chamkya Kale against the judgment and order dated 14th September, 1987 passed by the II Additional Sessions Judge, Solapur in Sessions Case No. 301/1986, thereby convicting the appellant for the offence punishable under section 304 Part-II of the I. P. Code and sentencing him to suffer R. I. for 7 years and a fine of Rs. 2000/-, in default further R. I. for 6 months.

(2.) THE facts leading to the filing of the present appeal briefly stated are as follows: - THE present appellant Chimnya Chamkya Kale and the other original accused numbers 2 to 9 are from Pardhi community. THEre is an idol of goddess Marai at the village farm house of accused No. 7 - Machhindra Kale at village Jaloli. Ambadas Kale PW-15 and his sons including deceased Baban alias Bhadia are the residents of village Karkamb. THE complainant Popat Balu Kale PW-9, happens to be the step-brother of Ambadas Kale PW-15. It appears that Ambadass Kale, his sons and the complainant Popat Babu Kale on one side and the accused persons on the other, are of worshipers of goddess Marai. THEy had all assembled at village Jaloli where the accused No. 7 - Machhindra resided. As stated earlier, idol of goddess Marai happens to be installed at his Vasti. Ambadas Kale PW-No. 15 was not keeping well. An Astrologer came to be consulted, who advised Ambadas and his sons to offer prayers to goddess Marai and further that some Goat should be scarified before the goddess. Ambadas Kale with his sons and their wives including the complainant had, therefore, gone to the place of accused No. 7 - Machhindra. This was on or about 4th of July, 1986.

(3.) THE accused persons pleaded not guilty. THEir defence was of total denial. Ambadas Kale, the father of the deceased was examined and his sons Baban and Sharad were also examined. Baban PW-12 and Sharad PW-14, both had sustained injuries during the incident. Ramesh Chavan, the nephew of Baban came to be examined as PW-13. This witness had also sustained injury during the incident. On the basis of the oral evidence of these witnesses as also the evidence of PSI-Himmatsing, who has registered the offence on the basis of the report lodged by Popat Kale PW-9, the learned Judge found the appellant guilty of the offence punishable under section 304 Part-II of the Indian Penal Code and proceeded to convict the appellant and sentenced him as stated above, by the judgment and order which has been impugned in this appeal.