KUSHABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) .This Criminal Appeal is filed by the appellants-accused challenging the Order of conviction and sentence dt. Oct. 4, 1979 in Sessions Case No. 58 of 1979, passed by the Additional Sessions Judge, Beed. The Appellant No. 1 (Accused No. 1) was convicted of the offence under S. 302 of the Penal Code and was sentenced to suffer rigorous imprisonment for life. Both the appellants were also convicted of an offence under S. 201 read with S. 34 of the Penal Code and each of them was sentenced to suffer rigorous imprisonment for three years. It is, this order of conviction and sentence which is the subject matter of this appeal.

(2.) The prosecution case lies within a very narrow compass and the same can be summarised as under; Originally, six accused persons were tried for offence punishable under Ss. 302, 201, 116 read with S. 34 of the Penal Code. However, accused Nos. 1 and 2 were alone found guilty and they- were accordingly convicted by the learned Additional Sessions Judge. Rest of the accused were acquitted and their acquittal is final. One Bhau Mariba Nikalje, was the brother of Sitabai P.W.5 and he was residing at Nipani Jawalim. Since he was a landless person belonging to the Scheduled Caste, the Government of Maharashtra had given him a piece of land to cultivate in the said village. According to the prosecution, on Apr. 13, 1979, at about 9-00 P.M. Bhau Nikalje was sitting near the road and the distance between the road and the house of Sitabai was stated to be 20 feet. Accused No. 1 Kushaba Budhaji Bangar came near Bhau and there was some exchange of words between them. Accused No. 1 was asking Bhau not to stay in the village and he further abused him by saying that he had become arrogant because he had received a piece of land from the Government. According to the prosecution, therefore, there was a Maramari between accused No. 1 and Bhau, since deceased and during the course of said Maramari, accused No. 1 hit a stone on the head of the deceased Bhau and as a result of this assault, deceased sustained injury on his right temporal region and he was lying unconscious nearby the road. It is further alleged by the prosecution that thereafter accused No.1 went away. It is then alleged by the prosecution that, Sitabai P.W.5 and Rukhminibai P.W.4 were all along sitting in the Court yard and watching the body of Bhau Nikalje. On the following day, i.e. Apr. 14, 1979, Mariba, the husband of Sitabai went to Gevrai to lodge at the police station a complaint, however, no such complaint was lodged at the police station.

(3.) It is then alleged by the prosecution that on Apr. 14, 1979, accused No. 1 and accused No. 2 and other accused persons came to the place of incident and they carried the dead body for burial. The body was accordingly buried.