ARUN BALKRISHNA NIRMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals and criminal revision arise out of the order passed by the learned Additional Sessions Judge, Khamgaon, convicting the three accused persons tried before him in Sessions Case No. 8 of 1987 for the offence punishable under Section307 read with Section34 of the Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- each, or in default to undergo simple imprisonment for three months.

(2.) VICTIM Arun alias Arvind son of Laxman Kasture was Sarpanch of Village Bhendwad since about8 to 9 years before the incident, which took place on26-9-1986. Election to the Gram Panchayat was held before the incident, at which Arvind defeated accused No. 1 Arun Balkrishna Nirmal. On 26-9-1986 at about8. 30 p. m. , Arvind was walking with some of his friends towards Village Bhendwad by a cart road. The three accused persons suddenly pounced upon Arvind and started assaulting him. Accused No. 1 Arun was armed with a sickle, accused No. 2 Prabhakar was carrying an axe with him and accused No. 3 Waman was armed with a stick. The trio inflicted as many as 34 injuries on the victim. The persons, who were accompanying the victim, cried for help. Believing that Arvind was dead and noticing that the villagers were rushing from the side of the Village, the assailants bolted from the spot. Arvind was taken to Police Station and from there, to Primary Health Centre, Jalgaon-Jamod, where he was given necessary treatment. Arvind's statement was recorded.

(3.) AGGRIEVED thereby, the accused preferred Criminal Appeal No. 181 of 1990 before this Court. Complainant Arvind had also preferred Criminal Revision Application No. 199 of 1990. The appeal and the revision application came to be decided by judgment dated11th and 12th January, 1994. The appeal was dismissed holding that the involvement of the accused in the incident was confirmed. The revision was allowed. The finding of acquittal of the accused of the offence punishable under Section307 of the Penal Code was set aside. The matter was remanded back to the learned Additional Sessions Judge, Khamgaon, for recording the finding of conviction and awarding sentence to the accused in accordance with law. Accordingly, the case came up for hearing before the learned Additional Sessions Judge again. Considering the finding of this Court that the accused should have been convicted under Section307 of the Penal Code, the learned Additional Sessions Judge convicted the accused persons of offence punishable under Section307 of the Penal Code and after hearing them in the matter of sentence, inflicted sentence of rigorous imprisonment for five years and fine of Rs. 1,000/- each or in default simple imprisonment for three months more, on the three accused persons.