BABASAHEB JANARDHAN INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Original Accused Nos.4 to 7 i.e. Babasaheb Janardhan Ingole, Uddhav Janardhan Ingole, Ramesh Janardhan Ingole and Dashrath Janardhan Ingole filed the present appeal, challenging the order passed by Additional Sessions Judge, Beed, dated 27.8.1996, in Sessions Case No.124/1993, convicting the appellants for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code and each of them is sentenced to suffer R.I. for two years on each count and to pay a fine of Rs.200/- on each count, in default to suffer S.I. for 15 days. A direction is given to run the substantive sentence concurrently.

(2.) The facts in brief leading to the present appeal are that, the alleged incident took place on 26.12.1992. The land of present appellants/original accused and complainant is adjacent to each other, located at village Aher Dhanora, Taluka and District Beed. At about noon time, the cattles belonging to the present accused had gone in the field of complainant and, therefore, the family members of complainant driven out those cattles. However, at that time, the accused extended threats to the daughter-in-law of complainant that they will see when the male members of the complainant family will return to their house. At evening time, approximately at about 6.00 p.m. Mohan, son of the complainant, who had gone to Beed, returned to his village and after his return, family members of complainant informed in respect of the incident took place at afternoon about the cattles entered in the field of complainant and about the threats extended by the accused. Mohan thereafter, with a view to inform his two other brothers, who were returning to village on motorcycle, then proceeded on foot and accordingly informed to his two brothers namely Jeevan and Baban and all of them i.e. Mohan, Jeevan and Baban were returning to their "Vasti" and on way they were about to cross the Vasti of accused, all the accused assaulted Mohan, Jeevan and Baban with axe, stick and sickle and accordingly all those three brothers sustained multiple injuries on account of assault by the present appellants and their family members. Some villagers also gathered there. Somebody from the said village immediately went to Police Station, a Police Constable came there. All the injured were thereafter taken to hospital for treatment. Father of injured namely Anna thereafter made a report to Police Station and accordingly crime is registered for the offence punishable under Sections 147, 148, 307 read with Section 149, 325 and 324 of the Indian Penal Code. The Police, during the course of investigation, visited the place, arrested the accused and after completing investigation, submitted charge sheet before the Judicial Magistrate, First Class, Beed, who in turn committed the case to the Court of Sessions as the offence under Section 307 of the Indian Penal Code being exclusively triable by the Court of Sessions.

(3.) Shri M.N. Godbole, learned Additional Sessions Judge framed charge against the accused on 31.1.1996 as per Exhibit 16, for the offence under Sections 147, 148, 307 read with Section 149 and also for the offence under Section 324, read with Section 149 of the Indian Penal Code. The accused are also alternatively charged for the offence under Section 307 read with Section 34 of the Indian Penal Code.