SHANKARRAO BHIMRAO SARNAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these appeals arise out of judgment dated 28-4-1997 in Sessions Trial No. 22 of 1995. Accordingly, all the appeals were heard together and it is proposed to dispose of the same by common judgment.

(2.) CRIMINAL Appeal No. 151 of 1997 is filed by original accused Nos. 4 and 18. Criminal Appeal No. 353 of 1997 is filed by original accused No. 5 and Criminal Appeal No. 301 of 97 is filed by the State against acquittal. In all 36 accused were tried in the sessions case and except for appellants Nos. 4, 5 and 18 all of them were acquitted.

(3.) THE prosecution case, in brief, is that on 10-11-1994 there was quarrel between Nisha (P. W. 5) wife of deceased Gautam Khadse; Laxmibai (accused No. 7); Mathurabai (accused No. 6) who is mother-in-law of Laxmibai on account of washing of clothes at the river. On the next day, that is to say, on 11-11-1994 at about 12. 00/1. 00 p. m. Laxmibai (accused No. 7) and Mathurabai (accused No. 6) came to the house of Tulsabai (P. W. 3) in connection with the incident which had taken place on river. Tulsabai (P. W. 3) called P. W. 5 Nisha. Thereafter there was exchange of words between P. W. 5 Nisha and accused No. 7 Laxmibai and they started pulling hair of each other. In the meantime, deceased Gautam came there. On account of commotion, the door of the Court yard was closed. However, number of accused entered the courtyard by removing the tins. Appellant Raosaheb is said to be having an axe with him and some of other co-accused had sticks with them. Accused No. 5 appellant Raosaheb gave axe blow on the head of deceased Gautam. Some of the other co-accused are also reported to have assaulted him with stick. P. W. 4 Nivrutti, husband of Tulsabai (P. W. 3) is also said to have been assaulted by sticks. On account of assault, deceased Gautam died on the spot. The first information report was promptly lodged by Tulsabai (P. W. 3) with the police. After completing the investigation, charge-sheet was filed. Prosecution in all had examined 12 witnesses in support of the charges. The learned Additional Sessions Judge, Washim vide judgment dated 28-4-1997 found accused No. 5 Raosaheb guilty under section 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life as also fine of Rs. 5000/-, in default to suffer rigorous imprisonment for one year. Accused No. 4 Shankar and accused No. 18 Ganesh were convicted under section 302 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life in addition to fine of Rs. 5000/-, in default so suffer further rigorous imprisonment for one year each. All the said three accused were convicted for offence under section 307 read with section 34 of the Indian penal Code and have been sentenced to suffer rigorous imprisonment for five years as also fine of Rs. 500/-, in default, rigorous imprisonment for two months each. They were also convicted for an offence punishable under section 452 read with section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years as also to pay fine of Rs. 500/- in default to suffer further rigorous imprisonment for one month each. The substantive sentences were directed to run concurrently. All the other accused have been acquitted of all charges.