PRALHAD KRISHNAT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals have bee-n filed by the convicted accused and the State against the judgment and order dated 15th March, 1988 delivered by the Addl. Sessions Judge, Solapur convicting and sentencing the accused nos. 1 and 2 for offence under Sections 304 Part II and 341 both read with Section 34 of IPC and acquitting the rest of the accused i. e. accused nos. 3 to 11 of all the offences in Sessions Case No. 108 of 1987. Since both these appeals arise from the same judgment in Sessions Case No. 108 of 1987, these appeals were heard together and are being disposed of by this common judgment.

(2.) THE prosecution case briefly stated is as follows : the incident of assault took place on 6th march, 1987 at about 6. 30 p. m. in village mirzanpur in Taluka Barshi, Dist. Solapur in which one Bharat Govind Late died. It seems there was some political rivalry in the village due to grampanchayat elections and the complaints were also lodged against accused no. l by some villagers including the deceased and the witnesses in respect of fair price shop which was being run by accused no. 1. On the complaint lodged with the District Supply officer by some persons in which lead was taken by deceased Bharat the licence issued to accused no. 1 for running the fairprice shop was suspended and thereafter he had obtained stay from the Government on the suspension order. The deceased and others had objected to the stay granted by the Government on the suspension of the licence issued to accused no. 1 in respect of the fair price shop.

(3.) P. W. 8 Bhujang Sangale was working as mechanic at Tuljapur. He used to go to Tuljapur from Mirzanpur and come back after his work on his moped motor cycle. On the date of the incident Bharat Late met P. W. 8 sangale near Tuljapur ST stand. At the request of Bharat P. W. 8 gave himliftonhis motor cycle. They reached Mirzanpur village by about 5. 30 p. m. near the primary school building. His sister kamal P. W. 15, after learning that accused persons had gathered to beat P. W. 8, went running near the school and sounded him that the accused were waiting for him and there was danger. At that time accused persons armed with iron bars and sticks went near the motor cycle of P. W. 8. Accused no. 2kisan dealt a blow with hunter in his hand on the back of P. W. 8. P. W. 8 asked Bharat to get down and run away. P. W. 8 also started running towards Tuljapur side. Some of the accused tried to chase P. W. 8. Others started beating Bharat. Accused No. 1 had assaulted Bharat on his head with iron bar as a result of which he fell down. It is alleged that others also assaulted him with sticks in their hands. Bharat became unconscious. Bharat was taken in a ST bus by some of the witnesses to the civil dispensary in Tuljapur. In the civil dispensary, after giving some treatment to bharat the witnesses were asked by the doctor to take him to Solapur. Bharat was then taken in a matador to Civil Hospital, Solapur where they reached about 11. 30 p. m. In the following morning P. W. 6 Sajjanrao Late, who was one of the eye-witnesses to the incident and had taken bharat along with others first to Tuljapur civil dispensary and thereafter to Civil Hospital, solapur gave his written complaint to the Dy. Superintendent of Police Jadhav in which all the accused were named. That complaint is produced at Exhibit 41 which is dated 7th march, 1987. The crime was registered initially, inter alia, for offence under Section 307 of I. P. C. and the investigation commenced. A constable was deputed to the place of incident on the same day and the statements of some of the witnesses were recorded on 7th March, 1987 and of others on 8th March, 1987. Bharat, who had become unconscious at the place of incident, died in the hospital in the morning of 9th March, 1987. Therefore the crime was registered for offence under Section 302 and for offences of unlawful assembly etc. After completion of the investigation charge-sheet was filed in the Court of JMFC, Barshi against 11 accused persons and the case was committed to the Sessions court at Solapur.