CHINAPPA SAYAMJEE FULMALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Judicial Magistrate (First Class) , Ashti, convicted the petitioners for offences punishable under sections 147, 148, 323 read with section 149, 324 read with section 149, 325 read with section 149 and 326 read with section 149 of Indian Penal Code, and sentenced them to pay fine of Rs. 100/- each, in default, to suffer rigorous imprisonment for one month, for offences punishable under sections 147 and 148; fine of Rs. 50/- each, in default, to suffer rigorous imprisonment for 15 days, for offence punishable under section 323 read with section 149 of the Penal Code; fine of Rs. 100/- each, in default, to suffer rigorous imprisonment for one month, for offence punishable under section 324 read with section 149 of the Penal Code; rigorous imprisonment for one month and to pay fine of Rs. 200/- each, in default, to suffer rigorous imprisonment for one month, for offences punishable under section 325 read with section 149 and section 326 read with section 149 of the penal Code, by his order dated 21-1-1991. The substantive sentences were directed to run concurrently. The matter was carried in appeal. Learned Sessions Judge dismissed the appeal by order dated 3-3-1998. Both these orders are impugned in the present petition.

(2.) Briefly stated, the facts are that Narsabai is wife of petitioner No. 1, chinappa. There was an estrangement between the spouses about three years prior to the incident. Since then Narsabai was living at Doithan with her mother. On 1-8-1986, at about 5. 30 p. m. Narsabai, her brother Gangaram, Yallappa (PW 8) and his wife were taking the she-buffaloes to the river. On their way to the river, they were obstructed by petitioner No. 1. He asked Narsabai to come with him. Narsabai refused saying that he had married a second wife. The petitioner, therefore, got annoyed and dealt blows on her hands with iron bar. Gangaram and yallappa intervened. At that moment, other petitioners including deceased Sayaji joined petitioner No. 1. During the course of the quarrel, petitioner Barkya dealt blow with iron bar on the head of Yallappa. Petitioner No. 1 Chinappa dealt blows to Gangaram. Petitioner No. 2 Saheba dealt axe blow on right leg of Papa causing compound fracture. Thereafter, wife of Yallappa, namely, Shetibai, was also assaulted. Assailants then went to the tent in the field and assaulted bangarya, uncle of Gangaram. Gangaram lodged report of this incident with the police. On the basis of this report, offence came to be registered. The injured were sent to dispensary where they were examined by Dr. Bansode (PW 5). Papa who sustained a compound fracture, was sent to hospital at Beed for X-ray. After completion of investigation, charge-sheet came to be filed against all the petitioners.

(3.) At the conclusion of trial, learned trial Judge found that the petitioners were members of unlawful assembly formed with the common object to take narsabai with them and for that purpose, to use force, if necessary. In the prosecution of the common object, the petitioners caused injuries to Narasabai, gangaram, Yallappa and Papa by using lethal weapons. He therefore, convicted the petitioners of the offences punishable under sections 147, 148, 323 read with section 149. 324 read with section 149, 325 read with section 149 and 326 read with section 149 of Indian Penal Code, and sentenced them to various punishments, as stated earlier.