STATE OF MAHARASHTRA Vs. BHAGATSING ISHWARA NANGARE

JUDGEMENT

(1.) This appeal is filed against judgment and order dated 18th February, 1989 rendered by Assistant Sessions Judge, Kolhapur in Sessions Case No. 3 of 1987 acquitting all the six accused who were charged and tried for the offences punishable under sections 147, 148, 307 read with 149 of the Indian Penal Code. That was on the allegations that on 8.7.1986 at 10 a. m. they attempted to commit murder of Sarjerao by means of axe, sickle, kicks and fists blows. The alleged incident occurred near the land bearing Gat no. 595 owned by one Baburao Chougule. Though the appeal was filed against the order of acquittal of all the six accused, this Court while admitting the appeal on 21.8.1989 had refused leave against accused Nos. 3 to 6 and in view thereof we heard the appeal only against accused Nos. 1 and 2.

(2.) The factual matrix that would be relevant and material for deciding this appeal against acquittal is that there was a dispute between original accused No. 6 Ishwara and one Maku, father of the victim - Sarjerao and the complainant - Rangrao, over the sand and stones allegedly dumped by ishwara on the plot of Maku. On 8.7.1986 the alleged incident occurred adjacent to land bearing Gat No. 595. It reveals from the evidence of the sole eye-witness Rangrao, and the victim - Sarjerao that accused No. 1 inflicted two blows, one on the neck and other on the back of Sarjerao and when Sarjerao fell down, accused No. 2 inflicted one blow with sickle on his head. In so far as other accused are concerned, they allegedly assaulted sarjerao with kicks and fists blows. Rangrao raised hue and cry and shouted for help when Dhondi Kerle and Sadashiv Bhanuse and others rushed to the scene of offence and on seeing them the accused persons fled. Thereafter, sarjerao was removed to the hospital. Rangrao lodged the FIR. The investigation was carried out in pursuance of the complaint lodged and on completion of the investigation the charge-sheet was filed against all six accused for the offence under sections 147, 148, 307 read with 149 of the indian Penal Code.

(3.) The defence propounded by the accused persons is of total denial. According co the accused, Sarjerao had assaulted Padmabai Mahadeo Nangare, close relative of the accused persons, with an intention of outraging her modesty and in connection with the said incident the offence was registered against sarjerao and, therefore, he has falsely implicated the accused persons in the alleged incident. The trial Court, after considering the entire evidence on record acquitted all the accused by the impugned judgment dated 18.2.1989.