RUPA SONYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RUPA Sonya Rathodi of the village of Nasarpur Taluka Nandurbar, District West Khandesh, was tried before the Additional Sessions Judge, West Khandesh, for an offence under Section 326 of the Penal Code. The trial was held with the aid of assessors. The assessors were unanimously of the opinion that the accused was guilty of the offence charged. The learned Sessions Judge agreed with the view of the assessors and sentenced the accused to suffer rigorous imprisonment for three years. The accused preferred an appeal to this Court against the order of conviction and sentence. At the time when the appeal was heard for admission, this Court was of the view that the sentence inflicted by the learned Sessions Judge was grossly inadequate and a notice was ordered to be issued to the accused requiring him to show cause why the sentence passed upon him should not be enhanced. We have, therefore, before us the appeal filed by the accused and the notice issued against him requiring him to show cause why the sentence passed upon him for the offence, if proved, should not be enhanced.

(2.) THE accused was charged with having caused the death of one Shankar Balu Vasave, Police Patil of Nasarpur by causing an injury on Shankar's back with an axe, at about midday on 12-12-1853 in the village of Nasarpur. The case for the prosecution was that one Jaita, a widow who was about 20 years of age, was residing with her mother at Nasarpur. She used to go to the field to do agricultural work. One Mamdya used to follow her and often insulted her by using indecent language. Sometime in the month of December 1953 Jaita had gone to the village well for fetching water. Mamdya followed her and used insulting language to her. Jaita thereupon returned home and complained to her mother about the conduct of Mamdya. Jaita's mother approached the Police Patil Shankar Balu and reported the grievance of Jaita against Mamdya to the Police Patil. The Police Patil then called Mamdya and the village panchas at his house and discussed the complaint of Jaita. Sometime during the course of this discussion, the police Patil and the village elders went into the house to take tea and Mamdya was allowed to sit on the ota. Mamdya availed himself of the opportunity and ran away. Thereafter, the Police Patil and the panchas went in search of Mamdya. Mamdya was found in the field of one Germansing. Mamdya was brought back to the house of the Police Patil. It appears that the accused came to learn of the proceedings started against Mamdya by the Police Patil and of the attempt made by the Police Patil to bring back Mamdya to his house. The accused, who is the brother of Mamdya, came from behind and struck the Police Patil a blow with an axe on his back. The Police Patil fell down, and began to bleed profusely from the injury. Sonya, the maternal uncle of the accused, snatched away the axe from him and thereafter the accused ran away. The village panchas who were present recorded the statement of the Police Patil as they apprehended that he might die. They also made a panchnama of the injuries on his person and sent him to the dispensary at Nandurbar. The Police Patil was admitted into the dispensary as an indoor patient. On 24-12-1953 the condition of the Police Patil Shankar Balu was found to be serious and his dying declaration was recorded in the presence of a Magistrate. The accused was thereafter charge-sheeted for an offence under Section 326 of the Penal Code. The Police Patil did not survive the injuries which were caused to him. He died sometime about the end of the month of February 1954. The learned Magistrate, before whose Court the charge-sheet was lodged, committed the accused to the Court of Session for trial and ultimately the accused was tried before the Additional Sessions Judge with the aid of assessors with the result already stated by me.

(3.) THE prosecution examined before the Court of Session four principal witnesses. They were Jaita, Revaji, Damji and Germansingh. Jaita deposed to the circumstances in which a complaint was made to the Police Patil against Mamdya for using indecent and insulting language to her. That evidence was relevant for the purpose of showing that the accused who is the brother of Mamdya, had some motive for the commission of the offence for which he was charged. Revaji Jatrya who is a village kamgar stated that, when he and the panchas and the Police Patil were gathered together for making an enquiry into the complaint made by the mother of Jaita, Mamdya ran away taking advantage of the temporary absence of the Police Patil and the panchas when they went into the Police Paul's house for taking tea. He then stated that the Police Patil and the Panchas went into the fields to find out Mamdya, and traced Mamdya in the field of Germansing and were bringing him back to the Police Patil's house. According to the witness, the accused Rupa Sonya at that time came from behind with an axe and struck the Police Patil Shankar Balu with an axe on his back. He stated that the Police Patil fell down and was bleeding profusely from the injury. According to the witness, the axe was snatched away from the accused by one Sonya, his maternal uncle, and thereafter the accused ran away, similar is the testimony of Damji and Germansing. The statement of the Police Patil which was recorded immediately after he was injured also is in substantial agreement with the story as given by these three witnesses. A complaint was taken from the Police Patil on the very day and that complaint also substantially agrees with the story of these witnesses. As we have stated earlier, on 24-12-1953, the condition of the Police Patil was regarded as serious and his statement was recorded by M. G. Patil, the Taluka Magistrate of Nandurbar, and in that statement also the Police Patil stated that the accused Rupa Sonya came from behind and struck him with an exe in the middle of his waist.