AMOL SUBHASH GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by original accused No.2 to challenge the conviction awarded to him by learned District Judge-1 and Additional Sessions Judge, Newasa, Dist. Ahmednagar in Sessions Case No.5/2016 on 20/6/2017 after holding him guilty of committing offence punishable under Ss. 302 and 324 of the Indian Penal Code, 1860.

(2.) Before we proceed, it will not be out of place to mention here that in all three accused stood prosecuted in Sessions Case No.5/2016. Accused No.1 is the father of accused No.2 and husband of accused No.3. In other words, accused No.3 is the mother of present appellant. All of them stood prosecuted for committing offence punishable under Sec. 302, 323, 506, 506 read with Sec. 34 of the Indian Penal Code and under Sec. 4 punishable under Sec. 25 of the Indian Arms Act. Accused Nos.1 and 3 have been acquitted from all the charges by the learned trial Judge, so also the present appellant came to be acquitted of the offence punishable under Sec. 504 and 506 of the Indian Penal Code and under Sec. 4 punishable under Sec. 25 of the Indian Arms Act. Neither the prosecution nor the original informant PW 1 Pandu Rakhpasare challenged the acquittal of accused Nos.1 and 3 as well as accused No.2 - present appellant from the Sec. under which they have been acquitted.

(3.) The prosecution had come with a case that Pandu Rakhpasare is resident of village Chanda, Tq. Newasa, Dist. Ahmednagar. He, his family and certain persons from his community as well as relatives reside in a Mohalla on Miri Road. Informant Pandu's wife Anita and son Sunny as well as daughter Priya used to reside with him, so also, his parents used to reside with him. He had four brothers, out of whom one Shankar committed suicide by consuming poison two years prior to 1/10/2015. Other two brothers reside at different place in connection with the livelihood. Original accused No.3 Savitra is the cousin sister of the informant. She has two sons and five daughters. Two years prior to the First Information Report she had shifted to Shrirampur, but prior to that she as well as her entire family used to reside in the neighbourhood of the informant. The informant and his brothers had given the land owned by their grandfather to accused No.3 for residence. She resided at Chanda for about 15 years but her behaviour was not good and, therefore, all the people from the Mohalla asked her not to indulge in illegal activities, however, she was not listening. Two years prior to the First Information Report informant had evicted accused persons from Chanda and, therefore, she was annoyed with him. She used to give threats to him. It is then stated that niece of accused No.3 was responsible for death of informant's brother Shankar. Complaint in respect of the same had also been given with Police Station. Informant's cousin brother Prakash Vasant Rakhpasare expired around 10.00 a.m. due to illness on 1/10/2015. All the family members had gone to cremation ground for the last rites and it was over by 2.30 p.m. Informant and his family members came back to the house. All the accused had come in a car of black colour from Shrirampur. They went towards the house of informant following them. Around 3.00 p.m. informant was washing his hands and legs on the hand pump near the house, at that time, the accused persons went there and started asking informant, as to why he had evicted them from the said place. Informant told that it is not a right time to talk about the same. Then, accused No.3 started abusing the informant. There was altercation between them. At that time, informant's wife Anita came and asked, as to what is the purpose for which the accused have come. She started saying to accused No.3 that she should not abuse her husband. At that time, accused No.2 took out big knife from the pocket of jeans pant and gave blow of the same on the chest of Anita. Anita fell down on the ground and when informant tried to rescue, he was pushed by accused Nos.1 and 2. Informant is handicapped by right leg. He fell down near his wife. When informant's brother Shrawan came to rescue, he was assaulted by accused No.2 with knife. So also, their cousin brother Babasaheb was also assaulted when he had come to rescue them. Accused No.2 was moving the knife in the air with force. In the meantime, all the accused persons went from the car they had brought. Thereafter, all the injured were taken to hospital, but Anita was declared dead before treatment could be given. Thereafter informant Pandu lodged First Information Report Exh.35, on the basis of which offence was registered vide Crime No.172/2015.