MAHARU BHILA KHAIRNAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SHRI Anilkumar Patil with Shri Sandeep Salunke for the appellant. Shri Saste, A. P. P. for the prosecution. Heard at length in context with the evidence on record.

(2.) THE appellant is hereby assailing correctness propriety and legality of the order of conviction and sentence passed by the Additional Sessions Judge. Malegaon in Sessions Case No. 81 of 1998 wherein he convicted the appellant of the offence punishable under Section 304 (II), 323, 504 of Indian Penal Code. He inflicted sentence of rigorous imprisonment for five years and to pay a fine of Rs. 7000/-, in default to undergo rigorous imprisonment for six months for the offence punishable under Section 304 (II) of I. P. C. The sentence of simple imprisonment for six months and to pay fine of Rs. 500/-, in default to undergo simple imprisonment for 15 days has been inflicted for the offence punishable under Section 323 of I. P. C. The sentence of simple imprisonment for three months and fine of Rs. 250/-, in default to undergo simple imprisonment for 10 days has been inflicted for the offence punishable under Section 504 of Indian Penal Code. The substantive sentences have been directed to run concurrently.

(3.) PROSECUTION case in brief is that, both the appellant and deceased Shravan are having lands adjoining to each other in the precincts of Girnar village. Tal. Malegaon. On 8/8/1998 at about 9. 30 A. M. deceased Shravan and his son P. W. Sharad had come to their filed by riding a motorcycle. They came to common Bandh of the fields and found that some thorny bushes were placed on the common Bandh. They started removing those thorny bushes from the common Bandh. At that time, as per prosecution case, appellant came there and asked them not to remove those thorny bushes. There was altercation between Shravan and Sharad on one side and appellant Maharu on the other side. At that time the appellant was possessing a spade. In the said quarrel, he gave a blow of spade on the shoulder of P. W. Sharad and gave a blow of said spade on the head of deceased Shravan. Both Shravan and Sharad received injuries on account of blows given by the appellant by means of spade. Shravan fell down. Adjoining persons came there, which included Pandit Khairnar. He learnt about the incident from Ahilyabai Nmadeo and thereafter he made arrangement for taking both Shravan and Sharad to hospital. Four persons brought Shravan to road, waited for a jeep and took him to Wadia Hospital, Malegaon, where preliminary medical aid was given to Shravan and they were advised to go to Nasik Civil Hospital. When they were proceeding in a jeep from Malegaon to Nasik alongwith Police Patil and were near village Saundane, the persons noticed that blood was oozing from the nostrils of deceased Shravan. Therefore, they returned back to Malegaon Police Station and lodged the F. I. R. but in that process Shravan had lost his life. The crime was registered in which investigation started which resulted in a trial which was conducted by the Additional Sessions Judge, who lastly passed the judgment which included the order of conviction of sentence which has been assailed by the appellant by this appeal.