SONBA BABURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two appellants are real brothers. They were original accused Nos. 1 and 2 alongwith 8 other accused in Sessions Case No. 153 of 1987. Their trial took place before the Additional Sessions Judge, Pune presided over by Shri K. D. Kochargaonkar. All those 10 accused were charge sheeted for various offences including Section 302 read with Section 149 of the Indian Penal Code, Sections 147, 148, 149 read with Section 452 of the Indian Penal Code and also under Section 302 read with Section 34, Indian Penal Code. The learned Sessions Judge by his Judgment rendered on 12th February 1988 acquitted accused Nos. 4 to 10 of all the charges levelled against them. He held accused No. 3 guilty of the offence under Section 323, Indian Penal Code and sentenced him to pay fine of Rs. 25/- or in default simple imprisonment for four days. While he sentenced accused Nos. 1 and 2 for the offence under Section 302 read with Section 34, Indian Penal Code and sentenced them to suffer imprisonment for life. He also held accused No. 1 guilty for an offence under Section 452, Indian Penal Code but did not award any separate sentence in that regard. Accused No. 3 has paid up the fine and has chosen not to prefer appeal. The remaining accused namely accused Nos. 1 and 2 have preferred this appeal challenging the said sentence.

(2.) BRIEFLY stated the prosecution case was that the accused persons belonged to one Hargude family of village Kesnand-Taleran Wadi of Taluka Haveli, District, Pune. This family had some inimical relations with a cousin family staying in the immediate neighbourhood to which the deceased Manik Hargude belonged. It was the case of the prosecution that on 20th January 1987 in the night the 10 accused persons had gone with lathis to the house of deceased Manik and were asking him to come out and were abusing. At that time his wife Ratan protested and sought help of a senior member of the family namely Popat Darekar P. W. 1. the complainant. Popat Darekar P. W. 1- Complainant came on the spot and requested accused not to quarrel in the night and settle the dispute in the morning. All the accused persons then went away. 3. It is further the case of the prosecution that on the next day early morning at about 5. 30 or 6. 00 a. m. Popat Darekar P. W. 1 and his brother Keru had just got up and were waiting for tea when Ratan, wife of Manik suddenly started shouting and came to him for help saying that her husband Manik was being assaulted by the accused persons. P. W. 1- Popat then rushed to the place where stone wall was half constructed and saw accused No. 1 forcibly entering the hilt of deceased Manik and forcibly dragging Manik in half sleepy condition out of his hut in front of the common courtyard. He also saw accused No. 1 giving a stick blow with both hands upon the chest of deceased Manik whereby he fall down. At the same time Popat grabbed the stick from the hands of the accused and took it away. He also pleaded with him not to attack Manik. In the meantime he saw accused No. 2 Waman picking up a big stone from nearby and dropped it on the chest of the victim Manik. He also claims to have seen the remaining accused assaulting Manik, one by one. Victim Manik fell unconscious. Attempt to provide drinking water to Manik also failed. The accused left the place and Complainant Popat went on bicycle to a distance of about 4 miles to reach Police outpost Lonikand where he lodged his complaint which is F. I. R. Exh. 25.

(3.) THE prosecution has also examined Ratan, wife of deceased Manik at P. W. 2. She also narrates about the previous nights incident when the accused had threatened her husband Manik and on her intervention Popat Darekar had come and asked the accused to go back and settle the dispute in the morning. She then narrates that on the early hours of 21st January 1987, while she and her husband were sleeping in their hut accused persons and in particular accused No. 1 entered the hut and forcibly dragged her husband Manik by the cuff of his collar and took him in the common courtyard. She followed them and saw accused No. 1 giving a powerful stick blow on the chest of deceased Manik. She also saw accused No. 2 Waman dropping a huge stone on the chest of the deceased. She then also narrates about the part of assault played by other acquitted accused persons.