JOTIBA MALAPPA TARWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal by three appellants convicted by the Additional Sessions Judge, Gadhinglaj, District Kolhapur, seeks to challenge their conviction for the offence punishable under section 302 read with section 34 of the of the Indian Penal code and the resultant sentence of imprisonment for life and fine of Rs 10,000/- each inflicted upon them.

(2.) A petty quarrel arising out of possibly a drunken brawl led to death of Gangaram Laxman Naik at village Turkewadi, Tal. Chandgad, District Kolhapur on 23/10/1994 at about 7. 00 p. m. On that day, accused No. 2 - Kenchappa came from his house and was abusing, possibly, deceased Gangaram. Gangaram asked the accused to go home and sleep, whereupon the accused Kenchappa said that he would come with his brothers and returned with accused Nos. 1 and 3, all armed with sticks. They abused Gangaram and accused No. 1 Jotiba hit on his head with stick. Accused Nos. 2 and 3 also gave stick blows. Gangaram fell on ground with bleeding injury to his head. His sister-in-law Parvati raised cries attracting their kinsmen. Gangaram was lifted and brought to the house. A local doctor was called who advised that Gangaram be taken to Belgaum. While preparation to take Gangaram to Belgaum was going on, he expired. Hence, Gangaram's sister-in-law Parvati gave report at Exhibit-19 at Police Station Chandgad. An offence was registered and investigation commenced. In course of investigation, police recorded statement of witnesses, caused post-mortem examination to be conducted on the dead body of Gangaram after inquest, seized the incriminating articles and, on completion of investigation, chargesheeted the three accused.

(3.) THE learned Judicial Magistrate, First Class, Chandgad committed the case to the Court of Sessions at Gadhinglaj, District Kolhapur. The learned Additional Sessions Judge framed charge of the offence punishable under section 302 read with section 34 of the Penal Code against all the accused. They pleaded not guilty and hence were put to trial.