REWARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The first three accused, viz., Rewaram, Aniruddha and Sumedh, were held guilty of the offence punishable under Section 302 read with Section 34 of the I.P.C. and each of them has been sentenced to undergo imprisonment for life. Original accused No. 4 Shailendra, who was charged of the offence punishable under Section 201 of the I.P.C., was, however, acquitted. The accused No. 2 Aniruddha and accused No. 3 Sumedh are brothers.

(2.) The victim of the offence is Baiju Chavhan, and the first information report (Ex. 25) was lodged by his brother Suresh (P.W. 1). The incident took place on 6-7-1980 at 1-30., on Wardha-Deoli road in the city of Wardha.

(3.) Briefly stated the prosecution alleged that when deceased Baiju was in his house, these three came and started loudly abusing him. Baiju came out of the house, when No. 1 Rewaram struck him with a swordstick (Gupti) which was tugged to his Lungi which he was wearing. As Baiju ran, he was chased and a second thrust was again given by No. 1 Rewaram and Baiju fell down. Thereafter, No. 2 Aniruddha with an iron-bar or plate assaulted Baiju on his chest. Accused No. 3 Sumedh, who was armed with a hatchet, gave two blows with it on the right leg of Baiju while he was lying on the ground, which nearly severed his leg. Suresh (P.W. 1), the brother of the deceased, who wanted to intervene, was threatened and also chased. He, however, ran up to the Police Station and lodged the report at Exhibit 25 which was recorded there at 1-30 p.m.