KRISHNA BABU BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against conviction of the appellants by the learned Additional Sessions Judge, Raigad at Alibaug for the offences punishable under Sections 307 read with Section 149 and Sections 147, 148 of the Indian Penal Code and sentence of rigorous imprisonment for five years and a fine of Rs. 500/- or in default rigorous imprisonment for three months and rigorous imprisonment for one year respectively inflicted on the two counts. This came on the conclusion of Sessions conducted before the learned Judge.

(2.) Facts which are material for deciding this Appeal are as under :- One Vilas Gharat had allegedly neglected to help Mahadeo Kothekar and Dashrath Patil, who were injured on 13th September, 1993 and had refused to carry them in Auto Rickshaw to the hospital. It is alleged that therefore, Dashrath Patil and his friends had a grudge against Vilas.

(3.) Therefore, on 1st November, 1993 when Vilas Gharat was returning with Mahadeo Kothekar from Konkan Bhavan after meeting one Prakash Seth, the appellants along with 12 other persons attacked Vilas at a place near Marave village. Vilas was severely injured and fell on the ground. Akash and Gangubai, brother and mother of Vilas, who came to rescue of Vilas were also allegedly beaten. Vilas was carried to Retibander Police Out Post and from there to Panvel Municipal dispensary. Mahadeo Kothekar gave a report at the Police Station Panvel. Vilas was shifted to Sion Hospital, Mumbai and was given necessary treatment.