KISAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 20.07.1998 passed by 2 nd Additional Sessions Judge, Khamgaon in Sessions Case No. 31/1993 whereby the accused nos. 1 to 4; (appellant nos. 1 to 4 herein) were convicted and sentenced as under:

(2.) The facts of the case are thus: One Sitaram Dhule and Sakharam Hage are residents of village Sungaon, Tq. Jalgaon Jamod, Dist. Buldhana. Their agricultural lands are adjacent to each other. Two months prior to the incident, there was dispute between Sitaram and Sakharam. The dispute was on the issue of boundary between their fields. On 06.01.1993 at about 5.30 p.m., Tulsabaicomplainant, her father-Sitaram and brother-Rambhau were carrying bullock-cart loaded with fodder to their house. When the bullock-cart reached near nullah, the accused persons, Kisan (A1), Shalikram (A2), Ramesh (A3) and Ananta (A4), appeared there and started pelting stones at Tulsabai-complainant, Sitaram and Rambhau. They restrained the bullock-cart to pass ahead. Rambhau was hurt by stone and fell down from the bullock-cart. At that time, Kisan (A1) dealt blow of an axe on the head of Rambhau. Shalikram (A2) dealt blow of sickle on the person of Rambhau as well as Sitaram. Ananta (A4) caused injuries by a goad-stick (a bamboo stick fixed with pointed nail to irritate bullocks to move or to run fast and also called as Purani). Tulsabai had sustained injury because of stones pelted at her by Shalikram (A2). Ananta (A4) also caused injuries by purani. Ramesh (A3) gave blow of sickle on the person of Rambhau and Sitaram. On basis of first information report lodged by Tulsabai, offence came to be registered.

(3.) Injured namely Tulsabai, Sitaram and Rambhau were sent for medical examination. After registering offence, Police visited the spot and drew spot panchanama on 07.01.1993. Samples of blood stained earth lying on the spot were collected. Stones which were pelted on the complainant and others were also seized. Statements of witnesses were recorded. Accused no.1 was arrested on 07.01.1993. On 07.01.1993, from his possession blood stained shirt was seized. Samples of blood of the accused persons were collected. Blood stained clothes, which were on the person of the injured were also seized. Kisan (A1) on 07.01.1993 made discovery statement, which resulted in recovery of axe stained with blood. On the same day, at the instance of Ramesh (A3), sickle stained with blood was seized. Shalikram (A2) made disclosure statement on 07.01.1993, which resulted in recovery of blood stained sickle. Ananta (A4) carried panchas and police to his house and produced a Purani. Muddemal articles were dispatched to Chemical Analyser and, thereafter, reports were received. On completion of investigation, charge-sheet was submitted. As many as twelve witnesses were examined by the prosecution. Learned Addl. Sessions Judge held that there was common intention on the part of the accused persons, to commit offence of causing hurt, attempted to cause death and, therefore, proceeded to convict all accused persons for the offences, as stated above.