RAMBHAU BABAN MARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Aggrieved, by conviction recorded under Section 323 read with Section 34 of the Indian Penal Code and sentence to suffer rigorous imprisonment for one year, accused nos.1, 2 and 3 in Sessions Case No. 296/1994, have preferred this Appeal.

(2.) Prosecution's case in brief is, Nathuram Dondiram Shinde (deceased) was Police Patil of Village-Vatunde; whereas, Baban Marne (accused no.4) was Police Patil of Village-Ghodegaon. Baban was not continued as Police Patil of Village-Ghodegaon st and thus, Tahsildar, vide order dated 21 May, 1993 directed Nathuram Shinde (deceased), to take over additional charge of Police Patil for Village- Ghodegaon, for two months. Thus Nathuram, was holding additional charge of Police Patil for Village- Ghodegaon since May, 1993, besides, regular charge of Village-Vatunde. Accused nos.2 and 3, Kondiba Dighe and Kondiba Marne, both residents of Village- Ghodegaon, had approached Nathuram to help them to get 7/12 extracts of their lands and as such in the th morning hours of 6 June, 1994, accused nos.2 and 3 proceeded to the office of the Talathi (Revenue Officer), Village-Kharawade. It is unfolded in the evidence that, Nathuram (deceased) with accused nos.2 and 3 had been to the office of Talathi and after completing the work, they left the office at around 3:00 p.m. Mr. Holkar, Talathi was examined as P.W.6, who fortified this fact. Prosecution Witness No.7, Kotwal of Village-Vatunde and the Talathi of another Village-Javalgaon, had also seen the deceased in the company of the accused nos.2 and 3 in the office of the Talathi. It appears from the evidence that, in the Talathi's office, Baban Babaji Marne- accused no.4, met Nathuram Shinde and enquired about additional charge of Police Patil for Village- Ghodegaon. Prosecution would contend that, accused no.4 was dejected since his charge of Police Patil of Village-Ghodegaon, was given to Nathuram Shinde and thus was harbouring grudge against him. Herein, Rambhau Baban Marne-accused no.1 is the son of Baban Babaji Marne.

(3.) Evidence discloses that, Nathuram while returning to the village, on the way, was assaulted by the accused by fist and kick-blows and the incident was seen by Dattatray Mankar-P.W.2, a resident of Village-Vatunde. In the late evening of 6th June, 1994, Dattatray informed the incident to Parubai (wife of Nathuram), P.W.No.1. It appears, soon thereafter, Parubai alongwith Sambhaji Mankar, Kalu Bhalekar (Villagers) and her daughter-Sangita, reached the place of the incident, where she found her husband was lying unconscious on the road in naked condition. She brought Nathuram to home with the help of the Sambhaji Mankar and Kalu Bhalekar. Nathuram could not be hospitalised or treated for want of facility, but fortunately, he th regained unconsciousness in the early morning of 7 June, 1994 when he told Parubhai and his daughter, the incident of assault on him by the accused. Parubai, thereafter made efforts to hospitalise him but on the way, Nathuram died, whereafter she lodged complaint and crime came to be registered under Sections 302, 323, 326 of the Indian Penal Code.