BISTIR LAXMAN BHAVAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the appellants were convicted under sections 332/149 of I. P. C. , 325/149 of I. P. C. and 147 of I. P. C. ; whereas under the first two counts they were awarded a sentence of two years rigorous imprisonment each under the third count they were awarded a sentence of six months rigorous imprisonment each and a fine of Rs. 50/- and one month rigorous imprisonment in default of payment of fine. In addition appellant No. 3 Nana Chagan Dhodi was convicted under section 307 of I. P. C. , 332/149 of the I. P. C. and 148 of the I. P. C. and was sentenced to undergo five years rigorous imprisonment, two years rigorous imprisonment and nine months rigorous imprisonment respectively. In addition appellant No. 4, Babu Raghya Tala was convicted under section 148 of the I. P. C. and sentenced to undergo nine months rigorous imprisonment. The substantive sentences of imprisonment of all the appellants were directed to run concurrently. The aforesaid convictions and sentences of the appellants were by an order dated 30-8-1986 passed by the IIIrd Additional Sessions Judge, Thane in Sessions Case No. 192 of 1984. Feeling aggrieved the appellants have come up in appeal before me. The prosecution case, in brief, is as under: on the night of 9-3-1983 at about 8. 00 p. m. appellant No. 1, Bistir, his brother appellant No. 2 Heera and Babu son-in-law of Tulshibai came in front of Tulshibais house in a drunken stage. They started assaulting Tulshibai. They paid no heed to Tulshibais request that as they were in a drunken state they should go home. She came to police station Bhoisar and complained there. Her complaint was entered at the aforesaid police station at 8. 15 p. m. by P. W. 7 Bapu Hiranaik. A case under section 323, 504 and 506 of the I. P. C. was registered at police station Bhoisar on her aforesaid complaint. At that time the injured of this case P. W. No. 6 Namdeo Wagh and the deceased Head Constable Kadam were at the Bhoisar police station and the Station Officer P. W. No. 7 Bapu Hiranaik directed them to go to the scene of the incident, and to see as to what the matter was. Accordingly alongwith Tulshibai they left the police station.

(2.) THE further case of the prosecution is that when Head Constable Kadam and Constable Wagh came near Tulshibais hut the five appellants and acquitted accused namely Krishna, Bachu and Chandu who were on the road tried to run away. However, the police is alleged to have apprehended the appellants Bistir and Heera and took them on road. It is alleged that Head Constable Kadam and Tulshibais brother Parshuram went in search of appellant Babu Raghya Tala.

(3.) THE prosecution case further is that when P. W. No. 6 Constable Wagh was standing on the road alongwith appellants Bistir and Heera, the aforesaid appellants as well as the other three appellants assaulted him. The time, according to the prosecution, was about 8. 00 p. m. It is alleged that appellant Babu Raghya Tala gave a blow with iron-bar on the left cheek portion and appellant Nana gave a stick blow on the head, of the Constable Wagh. It is also alleged that the remaining appellants assaulted Wagh with kicks and fists. Thereafter Constable Wagh left the appellants Bistir and Heera and started proceeding towards Bhoisar police station.