RAMDAS GENDA BHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ORIGINAL accused Nos. 1,2 and 3 who have been convicted of the offences punishable under section 302 nw 34 of I. P. C. and sentenced to life imprisonment in Sessions Case No. 187 of 1989 on the file of the learned Additional Sessions Judge, Dhule have preferred these three appeals to challenge the orders of their conviction and sentence passed against them.

(2.) BRIEFLY stated the facts giving rise to the three appeals are as under: All the accused persons are alleged to have caused death of Gangaram on the night of 29. 8. 1989 at about 8. 30 p. m. Complainant Sukram (P. W. 1) is the father-in-law of the accused No. 1 as his daughter Jijabai (P. W. 2) is married to accused No. 1. Accused No. 2 is the brother of accused No. 1. Accused No. 3 is the friend of Accused No. 1. Complainant Sukram resides at village Ghodade, Taluka Sakari, District Dhule. At the time of incident the said Sukram was working as a watchman in the orchard of Supadu Dawak Patil and he with his family members used to reside in a hut constructed in the said orchard. Deceased Gangaram also was working with Supadu Patil since about 6 Tmonths prior to the date of the incident and he also was residing in a hut adjacent to the hut of Sukram. It appears that the sons of deceased Gangaram were residing in the village separately. It appears that Jijabai (P. W. 2) who is the wife of accused No. 1, was previously married to one Dagadya. But as the said marriage did not prove successful, the same was dissolved and she got married to the accused No. 1. Her marriage with the accused No. 1 took place about 5-6 years before the date of incident. She was residing with accused No. 1 and her life with him was normal and they were on cordial terms. On 29. 8. 1989 there was Pola festival and, therefore, 2-3 days before 29. 8. 1989 Jijabai (P. W. 2) had gone to her father's house at Ghodade for the said Pola festival. It appears that accused No. 1 was not happy about the same. On 29. 8. 1989 Sukram along with his wife, daughter Jijabai and his son were sitting chitchatting in their hut. Deceased Gangaram, it appears, was also there at that time. It is the prosecution case that at about 8. 30 p. m. accused Nos. 1,2 and 3 in a drunken state arrived at the hut of Sukram and the accused No. 1 asked Jijabai to accompany him at once. Jijabai as well as Sukram and his wife told the accused No. 1 that Jijabai would go to his house on the next day, but the accused No. 1 was adamant and he wanted Jijabai to accompany him immediately on that day itself When accused No. 1 noticed that Jijabai was not ready to accompany him, he is alleged to have caught her by her hair and dragged her out of the house. Thereafter, all the three accused are alleged to have started assaulting Sukram, his wife, son as well as Jijabai by fist blows and kicks. Deceased Gangaram tried to intervene, but he was also beaten by all the three accused. Sukram (P. W. 1), Jijabai (P. W. 2), wife of Sukram and his son noticing that the accused were more violent, ran towards the village and they are alleged to have informed about the incident to the police patil and the sarpanch as well as the sons of deceased Gangaram. The sons of Gangaram immediately came to the field and noticed that Gangaram was groaning and lying in the field. Deceased Gangaram was then lifted and taken to the cattle shed. Condition of Gangaram was precarious and he was complaining of severe lain in his chest and stomach. On inquiry deceased Gangaram is alleged to have disclosed his two sons that he was beaten by the three accused. Immediately, thereafter, deceased succumbed to his injuries. Immediately after the death of Gangaram, the villagers who had come along with the police patil are alleged to have gone to the police station and lodged the F. I. R. (Ex. 13 ). Offence under section 302 of I. P. C. came to be registered and the police arrived at the scene of offence. Necessary inquest panchanama and the panchanama of the scene of offence were prepared. Dead body of deceased Gangaram was sent to the Primary Health Centre, Sakri for necessary post monem examination and on completion of investigation all the three accused were charge sheeted. On committal of the case to the Sessions Court, the three accused were tried before the learned Additional Sessions Judge and on the strength of the evidence led before him, he found that the prosecution has proved that the accused Nos. 1,2 and 3 in furtherance of their common intention caused death of Gangaram in the field of Supadu Patil On 29. 8. 1989 at village Ghodade at about 8. 30 p. m. and that they were guilty of the offence punishable under section 302 nw of 34 of I. P. C. It appears that the three accused were also charged with the offence under sections 323 and 504 of I. P. C. for causing hurt by beating Sukram, Jijabai, Tanku and Bhatu and also abusing them. The learned Additional Sessions Judge however found that the prosecution had failed to prove that the accused Nos. 1 2 and 3 had committed the said offence under sections 323 and 504 of I. P. C. The learned Additional Sessions Judge convicted the accused Nos. 1,2 and 3 of the offence punishable under section 302 nw 34 of I. P. C. and sentenced each of them to imprisonment for life. Being aggrieved by the said order of conviction and sentence, the three accused have preferred three separate appeals. As all the three appeals arise out of the same incident and the judgment, they are being decided together and are being disposed of by a common judgment.

(3.) PROSECUTION in order to prove the guilt of the three accused examined Sukram (P. W. 1), Jijabai (P. W. 2), Gulab, son of deceased Gangaram (P. W. 3), Pandit, son of deceased Gangaram (P. W. 4), Babulal Patil, the panch witness (P. W. 6), Dr. Patil (P. W. 8), Head Constable Sadashiv Nikalje (P. W. 7) and the Investigation Officer PSI. Somvanshi (P. W. 9)