KASHINATH VINAYAK MALODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused challenging his conviction by learned Special Judge, under Atrocities Act (Additional Sessions Judge-7), Aurangabad on 8/9/2016 in Sessions Case No.114/2012, for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 and under Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, hereinafter referred to as "The Atrocities Act").

(2.) The prosecution story, in short, is ' PW 1 Vithabai Ashok Sonawane is the wife of one Ashok Sonawane, resident of Akhatwada, Tq. Khultabad, Dist. Aurangabad. They are belonging to Bhil Tribe. She lodged First Information Report on 2/12/2011 stating that her husband Ashok was the owner of 2' acres of land in Akhatwada. Earlier the said land was given to one Thagnabai Ambadas Satdive for cultivation on contract basis. However, in the year 2011 they had not extended the contract. They started cultivating it themselves, but they were being obstructed by Thagnabai and her two sons Gorakh and Navnath. Vithabai and her brother-in-law was assaulted by them by saying that they have purchased the land. Around 7.00 a.m. on 2/12/2011 accused Kashinath had gone to the house of Ashok. Kashinath and Ashok then went to Tanda. The sister-in-law of Vithabai came around 10.00 a.m. and told that one Janardhan Sukhdeo Satdive had gone to the house of sister-in-law Bhagubai and disclosed that Kashinath had assaulted Ashok around 9.00 a.m. on the bandh of his land by keeping stones in one handkerchief. Kashinath informed Janardhan that he has killed dog (referring it to Ashok) on his bandh. Thereafter Vithabai and Bhagubai as well as Parvatabai went towards the land of Janardhan. They found Ashok in unconscious state, who had sustained injury to the back side of his head. Blood was oozing out of the injury. They took Ashok to Khultabad hospital and after examining him the Doctor asked them to take Ashok to Aurangabad. When they were proceeding to Aurangabad and when they were near Aurangabad Naka, Ashok succumbed to the injury, therefore, they returned to home and then he was taken to Government Hospital, Verul (Ellora). Vithabai then lodged report with Khultabad Police Station.

(3.) Initially the offence was registered under Sec. 302 of the Indian Penal Code only. It is disclosed in the First Information Report that the lady belongs to Bhil tribe. It appears that by order dtd. 3/12/2011 issued by District Superintendent of Police, Aurangabad (Rural) the investigation was handed over to Sub Divisional Police Officer Mr. Hage, working as S.D.P.O. for Kannad Division, Dist. Aurangabad. After completion of investigation he forwarded the charge sheet to Judicial Magistrate First Class, Khultabad. After the committal of the case, the trial was conducted. Prosecution has examined in all 13 witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides the learned Trial Judge has held the accused guilty of committing both the offences. Accused Kashinath has been sentenced to suffer imprisonment for life and pay fine of Rs.2,000.00, in default to suffer simple imprisonment of one month for the offence punishable under Sec. 302 of the Indian Penal Code. He has been further sentenced to suffer imprisonment for life and pay fine of Rs.2,000.00, in default to suffer simple imprisonment for one month for the offence punishable under Sec. 3(2)(v) of the Atrocities Act. Both the sentences were directed to run concurrently. This is the conviction under challenge in this appeal.