DATTARAM MARUTI SAKPAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal challenging conviction and resultant sentences inflicted on appellants for offences punishable under Sections 302, 506 and 323 read with Section 34 of the Indian Penal Code.

(2.) Facts which led to the prosecution of the three appellants are as under:- deceased Yeshwant was Uncle of the appellants. About 8 days before the 12th June, 1992, a bullock cart carrying coal belonging to Maruti, father of the appellants, had been seized by the forest department. Suspecting that yeshwant had informed the forest officials, Maruti started abusing Yeshwant and his family.

(3.) On 12th June, 1992, at about 4. 00 p. m. , the victim's daughters, Surekha and Sujata, had gone to the river to fetch water. Sujata came weeping and informed her mother that her sister Surekha was beaten by Anita and another female member of Maruti's family. Victim Yeshwant proceeded towards the river on hearing this. Accused No. 1 Dattaram Maruti Sakpal armed with spear, accused No. 2 Rajaram and accused No. 3 Prakash, armed with axes with curved blades, chased the victim. Out of fear, victim Yeshwant entered the house of one Bhagi Katkari. Sunita sought to arm her husband Yeshwant with a spear, but the accused No. 1 snatched the same and gave it to his mother Laxmi. Accused No. 1 broke open the door of Bhagi Katkari's house. Accused Nos. 2 and 3 barged into the house from a window and three of them beat up the victim Yeshwant. They did not heed the victim's entreaties to let him go. Accused No. 2 Rajaram and accused No. 3 Prakash were pelting stones at the victim. When Sunita, victim's wife, went to her husband's rescue, she too sustained injuries. Yeshwant succumbed to his injuries on the spot itself.