MALLESHI SHARNAPPA BARGUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL Accused No. 1 who was prosecuted along with four other accused persons for offences punishable under sections 147, 148 302 read with 149,307 read with 149, 120- B of the Indian Penal Code and sections 37 (1) read with 135 of Bombay Police Act and who has been convicted of the offence punishable under section 301 and 307 of the Indian Penal Code and is sentenced to R. I. for life and a fine of Rs. 500 in default further R. I. for three months on the first count and R. I. for five years and a fine of Rs. 500 in default further R. I. for six months on the second count, has preferred this appeal.

(2.) BRIEFLY stated, facts giving rise to the present appeal are as under: Deceased Rama was the brother of Lax man (P. W. 1) and Awanna (P. W. 14) Gourabai (P. W. 12) is the mother of the said deceased Rama and his brother Luxman and Awanna. In 1980, Laxman (P. W. 11) Awanna (P. W. 14) deceased Rama, and one more brother of theirs were prosecuted for murder of the Sidhappa. In the said case, deceased Rama, Laxman (P. W. 11) and Awanna (P. W. 14) were convicted and were sentenced to imprisonment for three years. One of the other accused prosecuted in that case was also sentenced to death and the rest of the accused were acquitted. In 1984, deceased Rama, Laxman (P. W. 11) and Awanna (P. W. 14) were released from jail after they served out the sentences imposed on them. The accused Nos. 1, 3,4 and 5 in the present case are cousin brothers inter se and Accused No. 2 is their friend. Relations of the present accused persons became strained with deceased Rama and his brothers in view of the said incident of murder of Sidhappa Bargude. Prosecution claims that the accused persons wanted to take Malleshi Sharnappa Bargude v. state of Maharashtra revenge of the murder of Sidhappa against deceased Rama and his brothers. The prosecution, therefore, alleges that on 6th April, 1989, which was the day of Padvofestival, the Accused No. 1 along with Accused No. 2 came to the village of deceased Rama in the morning and they are alleged to have threatened Laxman (P. W. 11) that Rama should be produced before them and they desired to take revenge. Laxman (P. W. 11) is alleged to have immediately apprised his brother Awanna (P. W. 14) about the said threat. Laxman (P. W. 11) instructed Awanna to inform deceased Rama that he should not come to the village but before Awanna could do so, deceased Rama along with his family members came to the village and he came near the house of Laxman Deceased Rama had come to the village to take his mother Gourabai with him to village Badagi, where they wanted to attend some family function. Rama after parking his bullock cart in front of the house of Laxman went and informed his mother Gourabai to be ready to go to Badagi with him. Deceased Rama then went to a shop to purchase Bidis. When deceased Rama was coming back from the shop, he noticed the accused waiting for him. It is the prosecution case that all the accused persons, seeing Rama started abusing him and rushed on him. Hearing the hue and cry, Gourabai (P. W. 12) came out of the house and noticed the said incident and she started dragging deceased Rama towards her house with a view to avoid the quarrel. It is the prosecution case that when Gourabai dragged deceased Rama towards her house, the accused No. 1 fired gun-shots towards deceased Rama and due to that deceased Rama was injured. It is also the prosecution case that some of the bullets also injured Gourabai (P. W, 12 ). After the gun was fired at deceased Rama, he is alleged to have pounced upon Accused No. 1 and they both fell on the ground and a scuffle took place between them. Jyotappa Accused No. 2, is alleged to have intervened in the quarrel and he fell on deceased Rama and the Accused No. 1 Laxman (P. W. 11) and Awanna (P. W. 14) a noticing the said quarrel, are alleged to have intervened with a view to rescue their brother deceased Rama. Accused No. 4 Ganpati is alleged to have picked up the gun which was fell even on the spot and is alleged to have run away. Rest of the Accused persons are also alleged to have run away immediately after the incident. Deceased Rama and Gourabai were taken to Bandarkava the in a bullock-cart but unfortunately deceased Rama died on the way. Laxman (P. W. 11) is alleged to have gone to Madrup Police Station and given F. I. R. about the incident. Awanna (P. W. 14) is also alleged to have tried to have initially informed Mandrup Police Station about the incident by telephone but he could not get the telephone line and therefore, he is alleged to have contacted control room, Solapur and given a message to the police that Accused Nos. 1 and 2 had murdered his brother and that his mother also was seriously injured. On the strength of F. I. R. given by Laxman (P. W. 11) offence was registered. It is also the prosecution case that when P. S. 1. Damodar Gaikwad (P. W. 16) was recording the F. I. R. of Laxman, Accused No. 1 and Accused No. 2 themselves came to the Police Station to lodge a complaint. Accused Nos. 1 and 2 were then arrested in the Police Station itself. A gun, a fired cartridge, one miss fired cartridge, 18 live cartridges which were with accused No. 1 were also seized. Blood stained shirt and Banian which the Accused No. 1 was wearing at the time of his arrest were seized under a panchanama. Blood-stained clothes of Accused No. 2 were also seized at the time of their arrest. The Prosecution case is also that as far as Accused No. 3 is concerned, he has produced the blood-stained clothes after taking the police and the panch witnesses to his house.

(3.) ON completion of investigation, Police filed charge-sheet against the present appellant and four other accused for the offence punishable under sections 302 and 307 read with 149,47 148 and 120-B of the Indian Penal Code and section 37 (1) read with 135 of the Bombay Police Act.