PANDURANG PUNAPPA KARPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal takes exception to the conviction and sentence recorded against the appellants for the commission of offences punishable under sections 302, 307 r/w, 34 and 323 of the Indian Penal Code.

(2.) APPELLANTS before us, were arranged along with three others being the full brothers of the 1st appellant for the commission of offences allegedly committed by all of them in furtherance of common object on 9-6-1989. Appellants Nos. 2 and 3 are the sons of appellant No. 1.

(3.) THE prosecution case was that appellants and the acquitted-accused though Harijans village Karoli, Taluka : Kavathe-Mahankal, Dist. Sangli, and living in the Harijan Vasti had been black-listed, if not virtually excommunicated, by their fellow-Harijans. What exactly is the reason for the excommunication, has not been specified by the prosecution witnesses. According to the appellants and the co-accused, the excommunication was motivated by jealousy on account of them being educated and fairly affluent, as against, the semi-literate and never-do-well condition of the other inhabitants of Harijan Vasti. Deceased Akaram is the husband of P. W. 4 Muktabai, the father of P. W. 5 Kushaba and brother of P. W. 11 Nilappa. Akaram and Nilappa were living together with their wives and children. Namdeo who has not been examined, is a brother-in-law of Akaram. On 9-6-1989, the inmates of Akarams residence came back after doing the days work. Kushaba was sent to fetch pulses from the shop of one Pawar. On the way he had to pass the wada of Pawar. While passing this wada, Kushaba heard the sounds of a musical instrument called Dholki being played unmelodiously. Kushaba went into the wada and entered the room in which a drama rehearsal was in progress. Certain persons were assembled in that room and they included appellant No. 2 Dadasaheb. It was him who was responsible for the unmelodious sounds which had attracted the attention of Kushaba. Kushaba gave expression to his view and that angered Dadasaheb. Heated words ensued and very soon the two were at each others throats. Those present, including P. W. 10 Arvind, intervened and set apart the disputants. The occupant of the room, Eknath Jagtap, came at this stage and drove away the whole crowd from his room. Kushaba went to the shop of Pawar, purchased the pulses he had been asked to buy and delivered the same to his mother. The mother, Muktabai, was informed of what had taken place. Kushaba then left for a place which he describes as Samaj Mandir or Takiya. For sometime he stayed at the Takiya, conversing with the boys assembled there. While returning home he sighted the appellants and the acquitted-accused in the Court-yard of Sopan Karpe. Sometime thereafter came to him, the voice of his mother screaming in pain. Kushaba went running. The sight that met his eyes was that of Akaram lying on the ground and seated by his side the wounded, Muktabai. Appellants and the acquitted accused rushed at Kushaba as soon as they sighted him. The explanation for the shouts that had attracted Kushaba, comes from the testimony of Muktabai. While she was at home, the appellants and the acquitted-accused came in a body and stood outside her home. They were ultering filthy abuses. She protested against the same and Akaram followed suit. Angered at the Akarams intervention, the appellants and the acquitted accused inflicted a severe beating on his person. Appellants Nos. 1 and 3 used axes while the others used sticks. Also beaten with these instruments was Kushaba. Muktabai sustained two injuries when she came to the rescue of her fallen husband. The incident over, the culprits fled. Nilappa fetched Namdeo, the brother-in-law of Akaram. He also brought the Police Patil and Sarpanch on the scene. Akaram had passed away and therefore, his corpse was left on the spot. Muktabai and Kushaba were removed in a tempo to Kavathe-Mahankal. Nilappa was confused, horror-stricken and under a great deal of tension. What exactly he said when giving the report, was neither complete nor accurate. The Police registered an offence and started investigating. In the course of the investigation, the scene of offence panchnama was drawn up which panchnama is at Exh. 12. The wounded persons were sent to the Rural Hospital at Kavathe-Mahankal where they were examined by Dr. Khot. Certificates issued by Dr. Khot are at Exhs. 18 and 41. Akarams corpse was subjected to a post-mortem examination by Dr. Khot and notes relating thereto are at Exh. 42. Akaram had sustained two incised wounds, one somewhere on the chest, and, the other on the head. The first injury was a serious one and sufficient in the ordinary course of nature to lead to death. Kushaba had three incised wounds---two over his back and one over his shoulder. Muktabai had two contused lacerated wounds on the face. Appellants were arrested and the Investigating Officers started interrogating the appellant and their co-accused. Statements given by accused Nos. 3 and 4 are set out in Exh. 23 and the stick and axe recovered in pursuance of the said statements were attached under Exh. 24. Appellant No. 1 also agreed to produce an axe concealed by him in a certain portion of the home of the accused No. 5. His statement to that effect was recorded at Exh. 26. Accused No. 5s house was visited and from there, brought out by appellant No. 1, was an axe which was attached under Exh. 27. Muktabai was discharged immediately after treatment, whereas Kushaba underwent hospitalisation for about 8 days. The investigation completed, a charge-Sheet was put up against the appellants and the three brothers of appellant No. 1.