PRAKASH MOGLAJI SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the judgment and order dated 23rd May, 1996 passed by the Additional Sessions Judge, Biloli, in Sessions Case No. 65 of 1994, whereby they have been convicted and sentenced in the manner stated hereinafter :---

(2.) SHORTLY stated, the prosecution case runs as under. The informant Kashibai, P. W. 5, and Harubai, P. W. 6, were the wife and daughter in law respectively of the deceased Nagorao. At the time of the incident, they along with the deceased were living in village Martoli, taluka Degloor, District Nanded. The appellants and the acquitted accused Anusayabai at the said time were also living in village Martoli. Acquitted accused Ramabai was living at the said time in village Avadhpur, taluka Narayanpur, District Medak (Andhra Pradesh ). There was enmity between the appellants and the acquitted accused on one hand and the deceased on the other. About 8 months prior to the incident, appellants Prakash and Lalu had assaulted the deceased Nagorao resulting in the latter filing a report against them. On 23-6-1994, at about 8 a. m. , appellant Prakash passed in front of the door of the house of informant Kashibai. He looked with anger towards Nagorao, who told him that he had already beaten him and why he was looking angrily at him. On this, appellant Prakash told Nagorao that he should come towards the hotel and he would be cut into pieces. Thereafter, within a short time, appellant Prakash along with the 7 other accused persons, referred to above, came. Appellant Prakash pulled Nagorao from the house and inflicted a tubber blow on his head resulting in Nagorao falling down. Thereupon, Kashibai fell down on the body of Nagorao and asked the accused persons not to beat him. Thereafter, appellant Moglaji separated Kashibai from Nagorao. At that juncture, acquitted accused Anusayabai and Ramabai hurled stones on Kashibai. Thereafter, Appellant Lalu inflicted a sword blow on the head of Nagorao, appellant Nepal @ Amrata inflicted an axe blow on the left hand of Nagorao and appellants Raghuram, Rohidas and Moglaji inflicted stick blows on the person of Nagorao. It is said that Anusayabai and Ramabai gave blows with stone on the hip of Kashibai and during the course of incident, her mangalsutra was broken. After assaulting Nagorao, the appellants and the acquitted accused persons ran away. It is said that, when after assaulting Nagorao, they were running away, they were seen by Sarubai, P. W. 7, who lived in the neighbourhood of Kashibai. Thereafter, Padminibai, P. W. 3, daughter-in-law of Nagorao and one Sushilabai put some powdered tea over the injuries of Nagorao and wrapped the same with cloth. Thereafter, Kashibai and others took Nagorao to Hali and thereafter in a bus to Markhel Police Station.

(3.) THE evidence of P. S. I. Mirza Rahimtullah Beg, P. W. 8, shows that on 23-6-1994 at about 10 a. m. , Nagorao was brought to Markhel Bus Station by his wife and hence, he along with a constable went there. He found that Nagorao was unconscious. Consequently, he called for a jeep and sent him to the hospital at Degloor, where the doctor pronounced him dead. Thereafter, in the said hospital, he recorded Kashibais F. I. R. and informed P. S. O. Markhel on the phone and also took crime number from him. Thereafter, he sent Kashibai and her F. I. R. to Police Station, Markhel. The F. I. R. is at Exhibit 73.