MANIK HANMANT MOTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the criminal appeals are arising out of the same judgment and, therefore, those are proposed to be disposed of by this common judgment. Criminal Appeal No.27 of 2017 is filed by the original accused convicted by learned Additional Sessions Judge, Latur in Sessions Case No.3/2013 on 2/12/2016, thereby convicting them for the offence punishable under Sec. 302, 324 read with Sec. 34 of the Indian Penal Code, 1860, whereas the prosecution has come in appeal i.e. Criminal Appeal No.883 of 2018 to challenge the acquittal of the original accused persons in the same case from the offence punishable under Sec. 307, 341 read with Sec. 34 of the Indian Penal Code, 1860. [Original accused No.1 Manik Hanmant Mote is reported to be dead and, therefore, by order passed by this Court on 28/8/2023 both the appeals were disposed of as against him as abated.]

(2.) Accused No.1 (now deceased) is the father of accused Nos.2 and 3. He is the owner of land bearing Gat No.299 in village Shivankhed (Bk). (The parties are referred to by their nomenclature before the trial Court.) On 9/9/2012 one Vyankatrao Apparao Mote resident of village Shivankhed, Tq. Chakur, Dist. Latur was admitted in Government Medical College & Hospital, Latur. His statement was recorded by PSI attached to Chakur Police Station between 10.30 a.m. on 8/9/2012. He himself, his son Shankar, cousin brother Bhagwan and cousin brother's son Bhimashankar were proceeding in bullock cart for sprinkling insecticides in his field. They were proceeding from an old road i.e. vahiwat road, which was near the field of accused No.1 (now deceased). Around 11.00 a.m. they were at that place and at that time all the three accused came, obstructed their way and told that the cart should not be taken from their field. The informant and persons along with him told the accused that they should allow them to go as the way is old and they (accused) should not obstruct them and thereby Bhimashankar took the cart just ahead, at that time, all the three accused persons attacked him with axe. When Vyankatrao went to rescue him, accused Mahesh i.e. accused No.2 assaulted Vyankatrao with axe on his head and on right side of the chest as well as on both the hands with handle of the axe. Accused No.1 (now deceased) assaulted Bhagwan with axe and the injury was caused to his head and other parts of the body. When Shankar came to rescue them, he was also assaulted with axe. Vyankatrao felt giddiness and fell down. All the four of them had received severe injuries and fell down and thereupon the accused persons fled away from the spot. After hearing the hue and cry the neighbouring farmers Narayan Kolgave and Ankush Walakate came running. All the four injured persons were kept in bullock cart and brought to village and from village they were shifted to hospital in jeep. In jeep Vyankantrao regained consciousness and came to know that his cousin brother Bhagwan has expired while undergoing the treatment.

(3.) On the basis of said statement recorded the said First Information Report came to be registered vide Crime No.166/2012 and investigation was undertaken.