ANANT B KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by their conviction under section 304-II read with section 34 of the Indian Penal Code and the sentence of 5 years rigorous imprisonment and a fine of Rs. 200/- each and one month in default of payment of fine have come up in appeal before this Court. The aforesaid convictions and sentences of the appellant were recorded vide order dated 26-11-1992 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 104 of 1991.

(2.) THE prosecution case in brief as emerging from the recitals contained in the F. I. R. and the evidence of P. W. 5 Vimal Kamble and P. W. 7 Sanjay Kamble recorded in the trial Court, is as under: the informant Sanjay Kamble (P. W. 7) and the appellants are residents of the same village Viz. Manwad, taluka Gadhinglaj, district Kolhapur. The informants father Yeshwant Kamble was addicted to drinking liquor and after consuming it used to beat his wife (informants mother ). On 21-1-1991 (Sunday) the informants father and uncle appellant Anant Kamble consumed liquor the whole day. Thereafter in the evening the informants father beat his daughter (informants sister ). It is said that the informant advised appellant Anant Kamble not to offer liquor to his father and on that Anant Kamble with an axe rushed to assault the informant. The sarpanch was called and he warned the informants father to behave properly. However, inspite of this the next day (Monday) the informants father abused the informants mother under the influence of liquor. In the aforesaid background, on 22-1-1991 while the informant was studying appellants Anant Kamble and his wife Shanta Kamble entered the informants house and started abusing his mother. They also enquired as to where the informants father was. At that very time the informants father came and gave a blow with a sickle which had a broken point, on the left hand of the informants mother. At the same time appellant Anant Kamble is alleged to have assaulted informants younger brother Vijay on the chest with a knife. In trying to save Vijay the informant sustained a minor abrasion on his right thumb. Thereafter the informants father and Shanta Kamble caught hold of Vijay and appellant Anant Kamble assaulted him with a knife. Thereafter the appellants and Yeshwant Kamble ran away.

(3.) AFTER the incident, the informant reported the matter to the Police Patil. On coming back to his house he found that Vijay had succumbed to his injuries. On 23-1-1991 at 4. 00 a. m. the F. I. R. was lodged by the informant and on its basis Crime No. 13 of 1991 under sections 302, 324 and 504 of I. P. C. read with section 34 of I. P. C. was registered at police station Gadhinglaj. In the aforesaid F. I. R. the appellants and Yeshwant Kamble are named.