KANTARAM MARUTI DABHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants here, original accused Nos. 1 and 2, are from amongst 8 others who were put on trial before the Additional Sessions Judge at Pune for committing offences of rioting with deadly weapons, for intentional insult to the complainant, for committing a rash act of indulging in discriminate pelting of heavy stones on the house of the complainant, for committing house trespass after having made preparation to cause hurt and lastly for attempting to commit the murder of two persons. The offences were charged with the aid of section 149 of the I. P. C. while six of the accused persons were acquitted, the two present appellants came to be convicted under section 324 as also 324 read with section 34 of the I. P. C. , 449 of the I. P. C. and 451 read with section 34 of the I. P. C. For the offence under section 324, each of them was sentenced to R. I. for 3 years and a fine of Rs. 700/- i/d further R. I. for 2 months, for the offence under section 451 of the I. P. C. , R. I. for 2 years and fine of Rs. 100/- in/d 10 days R. I. , and for the offence under section 324 read with section 34 of the I. P. C. , each of them was sentenced to R. I. for one year and a fine of Rs. 100/- indefault, 10 days R. I. Only substantive sentences of imprisonment awarded in respect of the conviction under section 324 and 324 read with section 34 of the I. P. C. have been directed to run concurrently and not the one under section 451 of the I. P. C. also.

(2.) ALL these 8 persons came to be charge-sheeted on facts which, when stated briefly, appear to be as follows :-The accused as well as the two injured persons Baban P. W. 1 and Vinayak P. W. 5, so also the material eye witnesses to the incident in question are all residents of Koteshwarwadi of Talegaon Dabhade, district Pune. It is entirely an undisputed position that for quite some time disputes have been going on between the accused persons on the one hand and the injured complainant and others on the other, over the possession and ownership of vacant plots of land bearing Survey No. 4251 to 4254 - called Bakhal. All these lands stand in the name of one Vithoba Dabhade who was the father of the acquitted accused No. 3 here. An interest in share in all these vacant plots of urban land was claimed by the complainant and others. It appears that some meetings between the parties to bring about a concilliation had failed. Not only that there were chapter cases put up against both these parties by the Police; there were private complaints and civil suits also filed by one party against the other.

(3.) IT is in the context of this strained relationship that the incident dated 25-1-1983 is said to have occurred. It may also be stated that most of these persons, the accused as also the complainant and witnesses are employed at various places in Bombay. They go to Bombay everyday in the morning, returning to their homes in the evening. In this manner, the complainant Baban Dharma Dabhade also returned to the village by about 5. 30 p. m. on 25-1-1983. He actually reached home by about 8 p. m. He had washed his hands and face and then went to the nearby Maruti temple for the darshan of the deity. As there was still some time for the dinner to be ready, he sat down to chitchat with one Bhiku Dabhade, father of Kashinath P. W. 7 and 2 or 3 children as also Vinayak P. W. 5 who had made some fire and were warming themselves around it since it was still winter. After he had sat there with there persons for about 10 or 15 minutes, the accused Nos. 1, 3, 6, 7 and 8 all came there, they indulged in filthily abusing Kashinath and dared him to come out so that they would kill him. They indulged in discriminate stone throwing at his house. The appellant-accused No. 1 is also alleged to have then gone back into his house nearby returned armed with an axe-accompained by the accused No. 2 Ganesh, also armed with an axe. Accused No. 4 also came there and feeling scared, complainant Baban went into the house of Kashinath but was followed by the accused Nos. 1, 2 and 3. They caught up with him and just as Baban had entered the first room in the house, next to the verandah (padvi), he was gives blows with the axe by both the accused Nos. 1, 2. Vinayak P. W. 5 ran to his help but was himself also attacked. These two persons fell down under the several blows dealth with the axe to them. A pool of blood formed in the house, in both the rooms thereof. The commotion which was thus caused drew the attention of Kashinath P. W. 7, Kisan P. W. 9 and Chandrakant, who all came running and just as they were entering the house, the accused Nos. 1, 2 and 3 were seen going out of the house, the accused Nos. 1 and 2 were carrying axes which were blood stained, the part played by the accused No. 3 in the incident of assault inside the house lay in his giving first blows and kicks to Baban after he had fallen down under the axe blows.