STATE OF MAHARASHTRA Vs. LAHU LAXMAN PABALE

JUDGEMENT

(1.) BY this appeal under section 378 (1) of the Criminal Procedure Code, 1973, the State of Maharashtra has impugned the judgment and order dated 4th February, 1986 passed by the Additional Sessions Judge, Pune in Sessions Case No. 16 of 1985 acquitting all the accused persons of the offences under sections 147, 148, 149, 302, 449, 427 read with sections 120-B and 34 of the Indian Penal Code.

(2.) THE prosecution case, which is elaborately set out in the judgment at paragraph Nos. 2, 3, 4, 5 and 6, in short, is as under: There were disputes between the residents of Pabalewadi on one hand and Kachare family on other hand over the use of well belonging to one Hinge, located in the Pabalewadi which is the only source of potable water for the residents of the wadi. These differences culminated in segregation of Keru Kachare and his family members by other residents of Pabalewadi who prevented Keru Kachare and his family members from taking water from the said well. This often led to clashes between the two groups resulting in several cross-criminal proceedings against each other including cases of assault and attempt to commit murder. Some of the accused persons were convicted of the offence of murder. However, some cases arising out of the said rivalry between the two groups were still pending in the Criminal Court at Junnar.

(3.) ON the evening of 3rd August, 1983, the deceased Namdeo brother-in-law of the complainant P. W. 2 came to stay for the night at P. W. 2s house as he had to attend the Court proceedings the next day at Junnar. The next morning at about 8. 00 a. m. i. e. on 4th August, 1983 while the deceased and other occupants including P. W. 2 and his family members were having tea, suddenly, Digambar the son of deceased Namdeo came running and informed them that some persons from Pabalewadi had come armed with wooden sticks and iron rods. Thereupon the complainant Pandurang Wani and others came out of the house on to the courtyard. However, Namdeo remained in the house and locked the entrance door from inside. 25 to 30 assailants came in the courtyard and started kicking at Pandurang Wanis door and asked Namdeo to come out of the house. Some of the assailants climbed over the roof and started hitting pieces of roof tiles and stones on Namdeo in order to force him to come out. The embattled Namdeo thereupon informed the assailants that he was ready to come out provided they did not assault him. When Namdeo opened the door and came out, carrying an axe in the hand and a bucket covering his head, he was set upon and attacked by the assailants. P. W. 2 and others tried to stop the attack on Namdeo but to no avail. Thereupon Sonabai, wife of Namdeo rushed to the nearest Police Station to fetch help. In the meantime the assault on Namdeo by the assailants who were armed with wooden sticks and iron rods continued. The assailants left only after Namdeo fell unconscious to the ground. Namdeo was injured due to assault on all over his body and within a few minutes succumbed to the injuries.