HANUMAN DATTARAO KARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Getting dissatisfied by the judgment and order of conviction passed by learned Additional Sessions Judge, Gangakhed in Sessions Trial No. 7 of 2012 dtd. 12/5/2016, for the offence punishable under Ss. 144, 148, 302 r/w 149 of the Indian Penal Code [IPC], all five appellants have preferred the instant appeal praying to quash and set aside the said judgment.

(2.) On the request of original accused no.5, a separate Advocate i.e. Advocate Mrs. Sharda P. Chate has been appointed to represent his cause by filing separate appeal. Since both appeals are arising out of the one and the same judgment and order of conviction, both are decided by this common judgment.

(3.) Informant PW1 Devidas had a dispute with accused nos. 1, 4 and 5 over the field taken by him for cultivation. Deceased Sudhakar, who was brother of informant, was helping him in cultivating the field. There used to be quarrel between deceased and accused on that count. On the morning of 19/8/2011 at 9.00 a.m., there was quarrel between deceased Sudhakar and accused nos.1 to 5. Informant intervened and brought his brother Sudhakar to the house. Thereafter, informant went to the field. At 12.30 p.m., informant received a phone call from PW2 Ganesh informing about quarrel again taking place between deceased and accused in front of house of one Bhaskar and so informant rushed home. According to him, he saw accused Dattarao, who was armed with sickle, and accused no.5 Digambar, who was armed with knife, were assaulting deceased. When wife of deceased, namely, Ashabai intervened, accused no. 2 Meenabai and accused no.3 Sojarbai indulged in scuffle with her. In the assault, deceased Sudhakar succumbed at the spot and therefore, informant summoned police and thereafter lodged report Exhibit 43 which was made the basis of registration of crime against accused persons.