PANDHARI AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Appeal, appellants are questioning the correctness of the Judgment and Order of conviction passed by 3rd Additional Sessions Judge, Latur dated 26/04/2000 in Sessions Case No. 56/1998. By the said, appellant No. 1 Pandhari S/o Bhaguram Waghmare is convicted for the offence punishable u/s 326 of the Indian Penal Code and was directed to suffer Rigorous Imprisonment for two years and to pay fine of Rs. 1,000/ [Rupees One Thousand] and in default to suffer Rigorous Imprisonment for two months. Learned trial Court also convicted appellant No. 2 Pushpa D/o Pandhari Waghmare for the said offence, however, directed that she should suffer Simple Imprisonment for six months and to pay fine of Rs. 1,000/ [Rupees One Thousand] and in default to suffer Simple Imprisonment for one month.

(2.) Appellants were charged by the learned court below vide Charge dated 15/04/1999. The Charge reads that on 18/07/1997, in front of the house of complainant, a knife blow was given on the person of complainant Vilas Waghmare with such intention and knowledge that by the said act, the death would have been caused and, therefore, Charge u/s 307 read with 34 of the Indian Penal Code was framed.

(3.) The prosecution case, as it is disclosed during the course of the trial, can be summarized herein under : Vilas s/o Bhaguram Waghmare [P.W.1] is the first informant. He lodged F.I.R. on 18/07/1997. F.I.R. was disclosing commission of cognizable offence, therefore, an offence was registered vide Crime No. 110/1997 for the offence punishable u/s 307 read with 34 of the Indian Penal Code by Police Station Officer of police station Renapur. As per the F.I.R., Pandhari, appellant No. 1, is the brother of first informant. They reside adjacent to each other. First informant goes to the agricultural field of one Balu Tare apart from cultivating his own land. F.I.R. further proceeds, that in Bamni village, there exists 4 Acres of land. Out of that, 2 Acres 2 gunthas land is recorded in the name of the first informant. The said land is cultivated personally by him. At the relevant year, in the said field, first informant had sown Hybrid. According to the F.I.R., appellant No. 1 picked up quarrel with the first informant since last one month on account that first informant should not enter in the agricultural field. F.I.R. further proceeds, that on 18/07/1997, first informant returned from the agricultural field of his master. After getting himself fresh, he was taking dinner in the front courtyard of his house. In between 7.30 7.45 p.m., appellant No. 1 Pandhari and his daughter appellant No. 2 Pushpa came in front of his house and started using abusive words as to why the first informant had gone to the agricultural field. Vilas, first informant asked as to why he is being abused, that time, as per the F.I.R., appellant No. 2 Pushpa brought a knife and handed over to appellant No. 1 Pandhari. Appellant No. 1 Pandhari thereafter gave knife blow on the chest of first informant, due to which he received injuries. With this, F.I.R. was lodged.