ANKUSH NAMDEO THORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants are life convicts. The charge was framed against six accused persons. During the pendency of the Appeal, original Appellant No.1/accused No.1 Namdeo Kerba Thore died, therefore the Appeal abated against him.

(2.) The prosecution case in brief is that deceased Mahadeo Sitaram Thore and the Appellants who are related interse, were residing in the village DeoNandra, TqPathri, DistParbhani. They own agricultural lands adjacent to each others. There was boundary dispute between deceased Mahadeo and the accused persons due to that they use to quarrel. Prior to the incident in question, a complaint was lodged by the deceased Mahadeo against the accused persons in Pathri Police Station for an offence punishable under Section 324 of the Indian Penal Code. The Police had filed chargesheet against the Appellants/accused, under Section 324 of the Indian Penal Code.

(3.) On 10th October 1993, deceased Mahadeo Sitaram Thore accompanied by his mother Dhrupatabai and daughter Anuradha, PW2 and PW5, was proceeding to his agricultural land at about 11.00 a.m. When they were about to reach their agricultural field, the accused assaulted Mahadeo. The Appellants/accused were armed with weapons like axe, sticks. Due to assault by axe, left leg below knee of deceased Mahadeo got amputated. The deceased suffered other serious incised injuries. PW5 Anuradha, daughter of deceased was aged about 11 to 12 years at that time. She rushed to police station, which was at distance of 2 to 3 k.m. She informed the police about the assault. The A.S.I. Rupchand Saldewar alongwith two constables and PW5 Anuradha, reached the spot by engaging private vehicle. The A.S.I. found that Mahadeo was lying in agricultural field, having part of his left leg almost amputated. The bullock cart was arranged and deceased Mahadeo was shifted in the said cart.