GOPAL ANJAYYA FALMARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed by the appellants against the judgment and order dated 22-12-1987 passed by the IIIrd Additional Sessions Judge, Solapur in Sessions Case No. 90 of 1987, convicting and sentencing them as under:---Appellants-Gopal Anjayya Falmari)Under Section 323 r/w 34 IPC to suffer and Govardhan Anjayya)imprisonment till the falmari.)rising of Court and)pay a fine of Rs. 250/-)i. d. to undergo S. I. for 3 months. Nagnath Anjayya )Under section 304 (2) IPC and falmari)sentencing him to undergo 3 years )RI and to pay a fine of Rs. 2000/- )in default of payment of fine to )further undergo 6 months RI. Along with the appellants, Sou. Upendrabai Gopal Falmari wife of appellant - Gopal was also prosecuted but, she has been acquitted by the learned Trial Judge.

(2.) THE prosecution case in brief is that appellants are real brothers. The acquitted accused Suo. Upendrabai Gopal Falmari as stated above is the wife of appellant-Gopal Falmari, Govardhan and Sou Upendrabai Gopal Falmari are said to have been residing in the same house at the time of the incident. Appellant-Nagnath Falmari is said to have been living on rent in a room of another house which was situated in the vicinity of the house of the other appellants. It is also alleged that houses of the appellants and that in which informant Krantiveer PW 3 resides are situated very near to one another. In the vicinity of Krantiveers house is a grocery shop which is jointly owned by Krantiveer and his brother Shantiveer PW 6 and Ranveer (deceased ). It is said that on 19-2-1972, there was a quarrel between the appellant-Gopal on one side and Shantiveer P. W. 6 and deceased Ranveer on the other side. The same day, another quarrel is alleged to have taken place between the appellant-Govardhan on one side and Shantiveer Krantiveer, and Ranveer on the other side. It is said that this quarrel had taken place because, Govardhan was going on a by-cycle carrying sugar and he was fallen down by the aforesaid persons and his sugar fell.

(3.) IT is alleged that the aforesaid two minor incidents were compromised between the parties. According to the prosecution, the following day i. e. 20-2-1987, appellant-Gopal armed with stick came inside the aforesaid grocery shop of Ranveer and provoked him by saying "unless he has put on bangles, on his wrist, he should come out". It is further said that Gopal in turn came inside the shop and dragged out Ranveer from the shop giving him blows with sticks on his back. Krantiveer PW 3 is alleged to have reached the place of incident on hearing the shouts of Ranveer and tried to save the latter. At that time, the appellant-Nagnath and Govardhan armed with iron pipes came there. According to the prosecution the appellant-Gopal left Ranveer and started assaulting Krantiveer with sticks on his left thigh and left knee. The appellant-Nagnath and Govardhan are alleged to have assaulted Ranveer with iron pipe. It is said that Nagnath entered inside the shop, picked up a knife which was kept inside the shop and thereafter, gave a blow with the same on the left groin of Ranveer. He is also alleged to have given a knife blow on the left knee of Ranveer. As a result of the assault by knife, Ranveer fell down and blood started gushing out from his injuries. It is said that the acquitted accused Sou. Upendrabai was also there and had caught hold of Ranveer while he was being assaulted. After the assault was over, Shantiveer PW 6 brought a rickshaw and on the same took Ranveer who was precariously injured to Hospital. It is said that before leaving for the Hospital, Krantiveer picked up the knife which had been thrown there by the accused persons. This was the same knife with which Ranveer had been assaulted. It is said that while Ranveer was being treated in the Hospital, he succumed to his injuries, on 20-2-1987 at 8. 15 a. m.