DYANOBA ABA GHODAKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) FOUR people namely Dyanoba Aba Ghodake, Shivaji Dyanoba Ghodake, Bhavadya @ Mahadeo Dyanoba Ghodake, and Damodar Ramkrishna Bachute were tried by the Second Additional Sessions Judge, Solapur in Sessions case no.157 of 1985 for offences punishable under sections 302 and 323, read with section34 IPC. The learned Judge vide judgment and order dated-28th August, 1986 acquitted Bhavadya @ Mahadeo Dyanoba Ghodake and Damodhar Ramkrishna Bachute for the said offences but, convicted and sentenced Dyanoba Aba Ghodake and Shivaji Dyanoba Ghodake in the manner stated hereinafter : - (i) Under section302 r/w 34 IPC to suffer imprisonment for life; and (ii) Under section323 r/w 34 IPC to suffer two months R. I. Aggrieved by their aforesaid convictions and sentences, Dyanoba Aba Ghodake and Shivaji Dyanoba Ghodake have preferred the present appeal.

(2.) SHORTLY stated the prosecution case runs as under: The informant - Uttareshwar Bachute PW9 was the brother of the deceased Laxman Bachute. The informant, deceased, Vilas Patil PW9, Namdeo Bhuse PW11, Trimbak Patil PW13 and Siddeshwar Bachute PW14 were residents of village Varkute Taluka Mohol, District Solapur. The appellants resided in village Aunde, which was a contiguous village. There was enmity between the acquitted accused Damodar Bachute and the deceased. Some days prior to the incident, when the informant's nephew Nilu was taking his she goat by the side of the canal, acquitted accused - Damodar Bachute abused him within the hearing of the informant. Nilu told this to the deceased. Next day, an altercation took place between the acquitted accused - Damodar Bachute and the deceased Laxman. On 7/6/1985, the informant Uttareshwar Bachute PW8 and his son-in-law Vilas Patil PW9 came to the house of Shivaji Ghodake in harijan vasti for attending the marriage of Shivaji Ghodake. At about6 p. m. they heard from the side of the road, the cries of Laxman. He was saying dying dying. On hearing them, they reached the side of the road. They saw that near a babul tree, appellant - Dyanoba Ghodake was sitting on the chest of Laxman and inflicting blows with a stone on his person and pressing his testicles. They also saw him assaulting Laxman with a stone on his head. After sometime, they saw that appellant - Shivaji Ghodake and the acquitted accused - Bhavadya Ghodake and Damodar Bachute also came there and hurled stones which struck Laxman on his head. When the informant Uttareshwar Bachute and his son in law Vilas Patil tried to intervene, appellant - Shivaji Ghodake assaulted the informant with a stone on his head and the acquitted accused Bhavadya Ghodake hurled a stone towards Vilas Patil which struck him on his left eye brow. Thereafter, a scuffle took place. The informant and Vilas Patil dragged Dyanoba so as to separate him from Laxman. After assaulting Laxman, the informant, Vilas Patil, and the acquitted accused ran away towards the farm house of Pandurang Shinde. Apart from the informant and Vilas Patil, this incident is said to have been seen by Namdeo Bhuse PW11, Police Patil Trimbak Patil PW13 and Siddeshwar Bachute PW14. Thereafter, Sopan Patil's bullock cart was brought and in the same, the informant, his son-in-law Vilas Patil, his brother Laxman, another brother Harishchandra PW15 and the Police Patil proceeded to Primary Health Centre, Mohol.

(3.) THE investigation was conducted by A. S. I. Ramchandra Pukale PW16 and P. S. I. Vishwanath Phulari PW17.