JANARDAN @ SHANKAR TUKARAM BAING Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 27 of 2011, dated 28th February, 2012, whereby Appellant herein was convicted for the offences punishable under Sections 302 and 307 of the Indian Penal Code (for short " IPC "), the present criminal appeal is preferred by the Appellant - Accused.

(2.) The case of prosecution is reflected through the first information report lodged at the instance of Jagannath Dhaku Baing (PW 1). Informant - Jagannath (PW 1) is resident of Tervan, Baingwadi, Tq. Rajapur with his family members namely, his mother Sarasvati, father Dhaku Dharmaji Baing, wife Jyotsana, and sons Suraj, Saurabh and Sahil. Jagannath (PW 1). He is serving in Mumbai and frequently visiting to his native place situated at Baingwadi. His aunt Kashibai is his next door neigbour and she resides with her daughter Shalini. Son of Kashibai namely, Prakash Bhalchandra Baing is also serving at Mumbai and stays at Mumbai with his family. The cousin brother Anant Baing is neighbour of Kashibai and his brother Janardan @ Shankar Baing whose marriage was solemnized in the year 2008 also stays at Mumbai with his wife and he is also frequently visiting to his native place. On 04.05.2011 Janardan had visited his native place on account of vacation. Janardan is not having any issue so far and he is carrying grudge against his aunt Kashibai and cousin sister Shalini on a suspicion that both of them are indulged in the act of black magic (Devdevaski) and as such he is issue-less till date. On this count, the relations between Janardan and Kashibai are strained.

(3.) On 10.05.2011 at about 09.30 pm Jagannath was proceeding to attend 'Haldi function' and a ceremony of erecting pendol 1 son of Balkrishna Sonu Baing at that time cousin sister Shalini was washing utensils in the bathroom placed in the courtyard. Due to the burning electricity lamp Jagannath could see Shalini washing utensils in the courtyard. After going for some distance he heard hue and cry of Kashibai. Then he immediately rushed to the spot to see what happened and found that Janardan @ Shankar Baing was hitting Shalini on her head forcibly by bamboo stick. When his aunt Kashibai rushed to save Shalini from the attack of Janardan, Janardan gave forcible blow on the head of Kashibai. Witnessing this incident Jagannath immediately intervened and made an attempt to snatch away Janardan. He found that blood was oozing from the head of Shalini as well as his aunt Kahibai. Till that time sarpanch of village Balkrushna Sonu Baing, Police patil Gajanan Ratnu Baing, Ramchandra Punaji Baing, Santosh Devu Baing, Chandrakant Sonu Baing and some other residents gathered there. On inquiry, Kashibai told them that after finishing the dinner she and Shalini were washing utensils in the courtyard and they were chit-chatting. At that time, accused Janardan picked up the quarrel with Shalini and Kashibai asking them as to why they are indulged in the act of black magic for making him issue-less and why they were gossiping against him. Shalini replied to Janardan that they were not talking about him but they were discussing their own family issue. Janardan was not in mood to pay any heed to the explanation of Shalini and he started assaulting on Shalini by giving blows on her head with a bamboo stick. Shalini was lying unconscious. Residents in the locality namely, Balkrushna Sonu Baing, Gajanan Ratnu Baing, Ramchandra Punaji Baing, Santosh Devu Baing, Chandrakant Sonu Bain arranged for a auto rickshaw of one Dattaram Keshav Neman to shift Shalini in the hospital. Another rickshaw of one Kiran Baing was arranged to shift Kashibai in the hospital. Both of them were shifted to Rural Hospital, Rajapur.