SANTOSH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed against judgment and order of Sessions Case No. 64 of 1995 which was pending in the Court of Additional Sessions Judge, Ambajogai, district Beed. The Appellant was charged for offence punishable under section 302 read with 34 of I.P. Code. He is convicted for the offence under section 304 Part II of I.P. Code and sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 500/-. Both the sides are heard. The incident in question took place on 10th August, 1995 in Mochi Galli, Sadar Bazar, Ambajogai. The complainant Homlal Choudhari was a Member of the Committee formed by his community for resolving the disputes amongst the members of the community and for taking policy decisions in the community. There are allegations that Appellant and some other persons of his side were against Homlal and they used to pick up quarrels with Homlal and the members of his family.

(2.) Deceased Ravichandra was working with one Orchestra unit and he was attending a tuition to learn the use of musical instruments. On the day of the incident, Homlal and his son Santosh were invited to attend a function of Bhajan in the house of Shivram Pitambre. They went there to attend the function. 15 to 20 persons were attending the function. When the function was going on, after 10.15 p.m. accused Yuvraj Pardeshi entered the house and questioned as to how the function was held there. He also asked about the President of Committee. The President was present in his house situated adjacent to the house of Shivlal and so Yuvraj went there to question him. The President did not give response to Yuvraj and so he returned to the spot in angry mood and with him present Applicant and other accused also came. They picked up quarrel with the persons who had arranged the function.

(3.) As the Appellant and other boys had dispute with the family of Homlal, they picked up quarrel with Homlal and they started giving abuses. To avoid further trouble Homlal and his son Santosh came out of the house of Shivlal and they started returning to home. Present Appellant and other accused then intercepted them and they started pushing and pulling Homlal and his son Santosh. At the same time, deceased Ravichandra, other son of Homlal, was returning home from the place of his tuition and he witnessed the incident. When he came forward to intervene in the incident, accused Smt. Hansabai instigated the other boys to finish Ravichandra. Then, two boys held Ravichandra, Appellant Santosh Shitole fetched Jambiya from his residential place and gave blow of the weapon on the right side of the chest of Ravichandra. Ravichandra collapsed on the spot. Blood was oozing from the injury and after seeing that Appellant and his associates ran away. Nobody dared to interfere in the incident. Homlal shifted Ravichandra to hospital but doctors declared that he was already dead. On the same night, Homlal gave report against the appellant and 6 other persons, including the aforesaid lady and the crime came to be registered for offence of murder.