VIKAS Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Appeal is filed by the Appellant - Original Accused No. 1, challenging the Judgment and Order dated 15.02.2012 passed by the Additional Sessions Judge, Osmanabad in Sessions Case No. 8/2011, thereby convicting the appellant - original accused No. 1 for the offence punishable under Section 302 of the I.P. Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/ - [Rs. Five Hundred only], in default, to undergo simple imprisonment for a period of three months. He is further convicted for the offence punishable under Section 323 r.w. 34 of the I.P. Code and sentenced to suffer simple imprisonment for three months and to pay a fine of Rs. 300/ -[Rs. Three Hundred only], in default, to undergo simple imprisonment for a period of five days.

(2.) THE complainant [PW -1] Sajabai Bhagwat Hagare is the mother of deceased Tukaram Bhagwat Hagare and wife of PW -2 Bhagwat Balu Hagare. On 05.10.2010, PW -1 Sajabai was in her agricultural field. At about 5.00 to 5.30 p.m. when Sajabai and her son Tukaram [deceased] were in the field called 'Nagobapur' field, the accused Nos. 1 to 6 were present there. There was civil dispute going on between complainant, her husband with accused persons in the Court. Accused No. 1 - Vikas @ Sadu Genba Hagare, accused No. 2 Navnath Bhiva Hagare and accused No. 3 Ganpat Bhiva Hagare were ploughing the disputed land. When PW -1 Sajabai and Tukaram asked accused Nos. 1 to 3 as to why they were harrowing the land, at that time, they started beating Sajabai and Tukaram by fist and kick blows. PW -1 Sajabai went running to the village to call 4 -5 people under the fear that, accused Nos. 1 to 6 would beat them. However, nobody accompanied her to her field. PW -1 returned alone to the place of dispute. Accused No. 1 - Vikas Gendeo Hagare assaulted PW -1 Sajabai by means of 'Rumane' [wooden handle of harrow]. Accused No. 1 Vikas @ Sadhu Gendeo Hagare also dealt a axe blow on the right neck below the ear and in that Tukaram had fallen on the ground and was in terrible agony. Accused No. 2 Navnath Bhiva Hagare also assaulted Tukaram Hagare. Accused No. 3 Ganpat Bhiva Hagare also beat PW -1 Sajabai on her face and back. After the incident, the accused persons disappeared and complainant Sajabai sat weeping near Tukaram. After some time, Vanita Dnyanoba Hagare - sister in law [not examined by the prosecution] came there. PW -1 Sajabai asked her to sit, and proceeded in village and narrated the incident to the people.

(3.) PW -14 API Sanjay Kulkarni then registered the offence on the strength of Exh. 92 vide Crime No. 54/2010 and he himself took the investigation. He again went to the spot of incident in night and recorded the statement of PW -4 Yadav Hanumant Mali [Exh. 101]. He, then, sent Police Squad to arrest the accused. Accused No. 3 Ganpat Bhiva Hagare, accused No. 4 Vishwanath Nivruti Hagare, accused No. 5 Kashinath Nivruti Hagare, accused No. 6 Vishwanath Nivruti Hagare were arrested under panchanama Exh. 142 to 145. API Kulkarni also seized the clothes from the above four accused under seizure panchanama Exh. 125 to 128.