NAJIR KADAR MUJAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard advocate for the accused and learned APP for the State. This appeal is filed by original accused No. 4 only challenging his conviction under Section 302 of the Indian Penal code. There were three more accused i. e. Accused Nos. 1, 2 and 3. But they were acquitted of the offence under Section 302.

(2.) The prosecution case was [the prosecution stated here is with reference to all the four accused] that accused No. 3 was the wife of accused No. 1 and Accused No. 2 is the wife of accused No. 4 i. e. the present accused. Victim was deceased Mahibub Mujawar. P. W. 3 Gulab was the son and P. W. 6 Smt. Bismilla was the wife of deceased Mahibub. They were residing in the village Gasavi Vasti, Khamgaon, Taluka Phaltan district Satara. They had their agricultural land adjacent to each other. On 23. 8. 2002 deceased Mahibub spread Uria in his field and gave well water to the crop. On 24. 8. 2002 deceased Mahibub found that his field was over flow due to water which was coming from the field of accused and it was causing damage to his crop. He, therefore, started electric motor on the well so that water can go to the field of accused no. 1. On the same day at about 8. 00 a. m. , accused No. 3, came to the house of deceased mahibub and questioned him as to why the water from the well was allowed to enter their field. Deceased Mahibub replied that it was tit for tat. At that time other accused came there and gave him abuses. Accused No. 1 alleged to have given a blow of chappel or sandal on the face of Mahibub as result of which he sustained some injuries.

(3.) Thereafter while deceased Mahibub, along with P. W. 3 and 6, was proceeding to lodge a complaint at police out post and when they came near the house of accused, accused Nos. 1, 2 and 3 prevented and restrained them. Hence they changed their direction. In the mean time, accused No. 4 came there on bicycle. Accused No. 2 informed accused No. 4 that deceased Mahibub had beaten old man and hence accused No. 4 lifted a bamboo, that was lying there, and gave certain blows as a result of which Mahibub fell down. Thereafter he was removed to different hospitals i. e. Rural Hospital, Phaltan, then Civil hospital, Satara. P. W. 3 Gulab went to Sakharwaid police Out Post and lodged a complaint vide exhibit 18. Mahibub was died on way while he was taking to Pune for treatment. Post mortem was conducted; investigation was carried out and the accused came to be prosecuted. Three accused were acquitted by the trial court and this accused No. 4 was convicted under Section 302 of the Indian Penal Code. Hence this appeal. 4