KADAR TOLAN BAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are preferred against the judgment and order dated 20th October 1999 passed in Sessions Case No.70 of 1998 by the Additional Sessions Judge, Osmanabad.

(2.) On 19th May 1998 deceased Murgappa was returning from village Hangarga along with complainant Drakshinibai. They had reached hutment area of the village near the field of Chand at 6 to 6.30 p.m. The appellants-accused were present on the spot holding sticks and stones in their hands. The appellants-accused and complainant are related inter se. There was grudge in the mind of the appellants that Murgappa compromised a case filed against one Namdeo. As soon as the deceased reached along with the complainant near the spot, appellant No.1-Kadar asked him as to why he compromised the case with Namdeo and thereafter all the appellants-accused assaulted him by means of sticks and stones on his head, back and hands. The deceased collapsed on the spot and thereafter was taken by the complainant and her mother to Primary Health Centre Jalkot but on the way the deceased breathed his last. The complaint lodged by the complainant is at Exhibit 61.

(3.) Police Sub Inspector Andoorkar reached the spot, prepared the inquest panchnama of the dead body of Murgappa (Exhibit 53). Body was sent for post mortem which was conducted by Medical Officer, Primary Health Centre Naldurg. The accused Nos.1 to 4 were arrested on the same day. The Police Sub Inspector seized clothes of the accused No.3 Ismail and accused No.4 Daud.