DHARMA RAVJI ANDHER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment and order dated 3. 2. 1999 passed by the additional Sessions Judge, Palghar wherein the appellant was convicted for commission of the offence punishable under Sec. 302 and 323 of the i. P. C. and was sentenced to life imprisonment and to pay fine of Rs. 1,000/ in default to undergo r. I. for six months on first count and R. I. for one month and fine of Rs. 200/ in default to suffer r. I. for 15 days on second count. The other accused persons involved in the case, however, were acquitted of all the charges.

(2.) THE facts giving rise to the case, in brief, are thus Complainant Balya Ramji Bhurbhure is the resident of Modgaon, Andherpada. He resides with his children, wife and mother. He has two brothers, gaurya and Davaji who used to reside separately with their families in the same village. Accused dharma Ravji Andher, Jamna Ravji Andher, Mahya ravji andher, Shama Ravji Andher and Ladkya Ravji andher are the neighbourers of complainant Balya. There was dispute between the complainant and accused between the landed property. It appears that the said quarrel was settled between them in the village and therefore there was no police complaint. On 16. 12. 1991 at about 8. 00 p. m. complainant Balya had gone to the thrashing place for sleeping. As about 11. 00 p. m. there was found of hue and cry from near his house. So he was awaken and went to see what was happening. At that time, the accused was seen armed with iron bar and were abusing and threatening complainant's brothers. They were striking with iron bars roof of the house. The complainant tried to pursue them not do so but at that time accused No. 1 assaulted the complainant with iron bar on his shoulder. On receiving that blow, the complainant ran to his house out of fear. Similarly, the accused persons started striking at the roof of the house of Gaurya. Gaurya was running towards the house of the complainant. The accused hold him on the way near complainant's house and accused No. 1 Dharma assaulted him with an axe on his neck from back side. The other accused persons also assaulted Gaurya with iron bars on his head and body. On receiving the blows of iron bars, Baurya fell down and accused ran away who saw baurya was lying there and was dead. So he went to police station at Kasa and lodged a complaint with police at about 11. 00 a. m. on 17. 12. 1991. Kasa police station then registered C. R. No. I 150/91 under Sec. 302, 147, 148, 149 and 323 of I. P. C. and investigated the offence. in the course of investigation, the police visited the scene of offence and prepared panchnama thereat. Inquest panchnama of the dead body was prepared and the body was sent for post-mortem examination. Police arrested the accused persons and their clothes were seized. Complainant who was also injured, was referred for medical examination and treatment and the medical officer issued certificate of his injuries vide Exh. 45. It appears that the accused Nos. 1 and 2 made disclosure statement while in custody of police as a result of which the discovery of hidden stick and iron bars was made at their instance in presence of panchas. On completion of the investigation, the chargesheet was sent to the Court of law. The learned Magistrate committed the case to the Court of Sessions.

(3.) THE lealrned Addl. Sessions Judge framed charge against all the accused persons for the impugned offences to which they pleaded not guilty. The defence of the accused is that of total denial. The prosecution led its evidence at length on which basis the learned Trial Judge came to the conclusion that the evidence on recorcd was sufficient to bring home the guilt against accused no. 1 for offence punishable under Sec. 302 and 323 of the I. P. C. however, other accused persons came to be acquitted for want of adequate and sufficient evidence against them. Hence the appeal.