DEOPPA ISHWAR SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SEVEN persons namely Deoppa Ishwar Shinde, Ganpat Maruti Shinde, Rajaram Ganpat Shinde, Uttam Rajaram Shinde, Sukhdeo Rajaram Shinde, Ishwar Maruti Shinde and Murlidhar Appa Shinde were tried by the Additional Sessions Judge, Solapur in Sessions Case No. 30 of 1986 for offences punishable under sections 147, 148, 302 r/w 149 I. P. C. judgment and order dated 22-7-1986, the learned trial Judge acquitted accused other than Deoppa Ishwar Shinde on all the counts but, convicted and sentenced Deoppa Ishwar Shinde in the manner stated hereinafter :- (i) Under section 302 I. P. C. to suffer imprisonment for life and to pay a fine of Rs. 5000/- in default to suffer four years R. I. ; (ii) Under section 324 I. P. C (No separate sentence was awarded ).

(2.) AGGRIEVED by the aforesaid convictions and sentence, Deoppa Ishwar Shinde has preferred the present appeal. The State of Maharashtra has however, not challenged the acquittal of the six acquittal accused.

(3.) SHORTLY stated, the prosecution case runs as under :---There were enmical relations between the appellant and the acquitted accused on one hand and the informant Nana Kute P. W. 6, his wife Akkatai P. W. 7, his father Dada Kute P. W. 8 and his brother, the deceased Ausinath Kute, on the other. The details of the said enmity have been furnished by the informant, Akkatai and Dada in their evidence but, we do not want to burden our judgment by setting them out. Suffice it is to mention that the enormity of the enmity was such that at the time of the incident, the informant and others on one hand and the appellant and the acquitted accused on other hand were not on speaking terms. On 25-7-1985, the informant-Nana Kute and Dilip son of Prayagabai were working in the field of the latter. After the work was over, the informant asked Dilip to take away the bullock cart and told him that he would collect the labour charges from Prayagabai. Thereafter, the informant towards his house by footpath. On the way near the field of Rama Chaugule, he met Kisan Ghatole, the appellant and the acquitted accused Rajaram. While he was talking with Kisan Ghatole, the appellant came between him and Kisan and inflicted a fist blow on his stomach and pushed Kisan. When he asked him why had given a fist blow, he replied that he would show the force of the blow. Thereafter, the appellant went to his house and the informant returned to his house. On reaching his house, the informant narrated the incident to his father Dada, his brother Ausinath and his mother. Ausinath told him that he would go and pacify the appellants party and he should wait. The time was about 6. 30 p. m. As Ausinath started alone, the informants mother who understandably was nervous followed him along with the informants wife Akkatai. The informants mother and Akkatai met the appellant in the field of Dhurpabai. The informant saw this from his house and proceeded in the direction. On hearing the cries of his wife Akkatai, he started running with a stick in his hand towards the field of Dhurpabai. No sooner had he reached the aforesaid field, he saw the appellant inflicting two knife blows, one each on the chest of Ausinath, who fell down as a result thereof. Thereafter, the appellant came and inflicted two knife blows on the person of the informant. The acquitted accused Sukhdeo who had also reached there, along with the other acquitted accused persons, inflicted axe blow on the back of the informant. Thereafter, the informant started moving his stick. The informants father also reached in the meantime. He and the informants mother fell down on the body of Ausinath in a bid to save him. Thereupon, the acquitted accused Ishwar Shinde inflicted a stick blow on the forehead of the informants father. The acquitted accused Uttam and Sukhdeo with axes in their hands and the acquitted accused Rajaram, Ganpat and Ishwar with sticks in their hands also tried to assault the informant and others and they scuffled with them. In the meantime, Hariba Kute, Pralhad Kute and Rama Kute came there. The appellant and the accused ran away towards Shindewadi. Pralhad Kute brought a bullock cart. Ausinath was put in the same and brought to Sangola. Hariba Kute, the informant and his parents also accompanied Ausinath in the bullock cart. Ausinath was taken to Government dispensary at Sangola where the doctor pronounced him dead.