LAXMAN BAPURAO GHAIWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant feels aggrieved by the judgment and order passed by learned Adhoc Additional Sessions Judge2, Wardha in Sessions Trial No.164 of 2006. The appellant has been convicted by the learned trial Court for the offences punishable under Sections 147 and 302 read with 149 of the Indian Penal Code. He has been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.five hundred, in default to suffer imprisonment for fifteen days for the former offence and imprisonment for life and fine of Rs.one thousand and five hundred, in default to suffer rigorous imprisonment for one month for the later offence.

(2.) The appellant was original accused No.1 in the said sessions trial. He was tried along with accused Nos.2 to 7. The other accused have been acquitted of the offence punishable under Section 302 read with Section 149 of the Indian Penal Code. However, they have been convicted for the offence punishable under Section 147 of the Indian Penal Code and 323 read with Section 149 of the Indian Penal Code. The other accused have not filed any appeal against their conviction for the said two offences.

(3.) The appellant and other accused were residents of Bhim Nagar, Pulgaon. The incident in question had occurred on 9 th June, 2006 at Bhim Nagar. Deceased Premdas along with his family members was staying in the said locality. There was a dispute between the family of the appellants and the deceased on account of construction of bathroom by the appellants and his family members on the municipal road and resultant inconvenience caused to the deceased and his family members. A complaint was lodged against the appellant and other accused in respect of the said construction. It is alleged that due to the said dispute between the family of the appellant and the deceased, the appellant and other accused, who are also family members of the appellant, had formed an unlawful assembly, the common object of which was to assault son of the complainant viz. Ashwin Godghate. It is alleged that the son of the complainant was being assaulted by the appellant and other accused at Bhim Nagar on 9 th June, 2006 around 22.00 hrs. The deceased Premdas (husband of the complainant) came to know that their son Ashish was being assaulted by the appellant and others. He, therefore, rushed to the spot where his son was being assaulted. It is alleged that the appellant and other accused accosted husband of the complainant (hereinafter referred to as 'deceased Premdas') and took deceased Premdas inside their house and after beating him inside the house brought him outside on the road and continued the assault. During the said incident of beating or assault on the part of the appellant and other accused, the appellant is alleged to have inflicted stab injuries on the deceased by means of a gupti. The deceased was immediately rushed to the hospital by Ravi Sahare and Umesh Tembhurne. In the meantime, the complainant also came to know that her husband had been assaulted and he had been taken to hospital. She, therefore, rushed to the hospital and came to know that the deceased was declared dead before admission. The complainant, therefore, went to Police Station at Pulgaon and lodged complaint. Her complaint was recorded as First Information Report No.139 of 2006.