PRAKASH BANDU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants, who are accused Nos.3 and 6 respectively, have challenged the judgment and order of the Sessions Court in so far as it convicts them for the offence punishable under Section 302 of the Indian Penal Code and punishes them with life prisonment.

(2.) The incident has occurred on 29th October 2000 at about 8.00 a.m. The entire dispute apparently has arisen because accused Nos.1 to 4 and 6 who are brothers and the sons of accused No.5 objected to the deceased cutting grass on the boundary separating their land and the land owned by the family of the deceased. On the previous day i.e. on 28th October 2000, accused No.3 had an altercation with the deceased at about 10.30 in the morning which was witnessed by their neighbours. The mother of the deceased Shirmabai also witnessed the quarrel and separated the deceased and the accused Nos.3 and 4. She then went to the house of the accused to request their mother, accused No.5, to restrain her sons from quarrelling with the deceased. It appears that this act on the part of the complainant irked accused Nos.3 and 4 who, when armed with sticks, threatened the complainant and her son. Again people around intervened and fortunately there was no untoward incident on that day. However, on 29th October 2000, the deceased, Netaji had gone to the field known as Gerwat as usual. This field was owned by his family. He was tying the grass which had been chopped into bundles. Accused No.3 armed with an axe and accused No.6 carrying a sickle went near Netaji. Accused No.3 gave him a blow with an axe on the head. Netaji raised his hand to ward off the blows, when accused No.6 struck him with a sickle on the fingers. Accused No.4 also hit Netaji with a stick. Shirmabai, Netaji s mother, saw the accused assaulting Netaji and shouted to her son to run into the village. Netaji started running towards the village and was chased by accused Nos.3 and 6 as well as accused No.4. He was then struck again by the accused. As a result his left hand was severed from his body. He sustained another injury on his head and collapsed. Shirmabai, who had followed him, raised a hue and cry. The accused ran away from the scene of offence. People gathered around the victim who died with the fatal assault on him. The Sarpanch of the village on learning of the attack telephoned the police and informed them about the assault on the deceased. He also told them that accused No.6 was injured and had been removed to the hospital. The necessary panchanamas were drawn up. The blood stained sickle and other articles including the bundle of grass and pieces of wood which were blood stained were seized from the spot. A post mortem examination was conducted. The accused were arrested. Their clothes and the weapons used by them were seized. Shirmabai lodged her complaint against the accused immediately after the attack. The wife of accused No.6 filed a complaint late at night against Netaji. This could not be processed as it abated because of the death of Netaji.

(3.) The trial Court has convicted accused Nos.3 and 6 while acquitting the other accused.