VAMAN JAIDEV RAVAL Vs. STATE OF GOA

JUDGEMENT

(1.) These appeals have been filed by the accused, who have been convicted and sentenced under Sections 302 and 307 read with Section 34 I. P. C. by the learned Sessions Judge, Panaji, vide Judgment dated 28. 07. 2005.

(2.) The accused belong to one family. Vaman J. Raval/a1, is the father of Jaidev @ Depeek/a2, Prashant/a3 and Sanjeev/a4. All the accused reside in one of the mundkarial houses situated in the property known as Tolle at Narva of Bicholim Taluka, belonging to Srinivas Vaikunth Parab Lawande, father of Vasant Lawande/p. W. 2. Pandurang @ Pandu Malvankar along with his wife Padmavati, reside in another house. The mother of Suresh Lawande/p. W. 19 also resides in one of the said houses. The said Srinivas Lawande died in the year 1988. The said Pandurang Malvankar has four daughters, one of whom is married to Vaman/a1 and as they had no son, the said Pandurang and Padmavati have adopted Deepak @ Jaidev/a2 by deed of adoption dated 22. 06. 1993. During the lifetime of the said Pandurang, the lease, if we may use that expression, of cashew and mango trees of the said property was with the said Pandurang Malvankar, the father in law of Vaman/a1, who died on or about 22. 09. 1993. It appears that after the death of the said Pandurang Malvankar, a dispute arose between the family of Lawande and the family of the accused regarding the enjoyment of the said property as a result of which, the said Vasant/p. W. 2 and his brothers filed Regular Civil Suit No. 45/64/a and obtained an exparte injunction against the accused on 11. 03. 1994, which was subsequently confirmed on 11. 10. 1994, restraining the accused from interfering in the said property. In the said Civil Suit, Padmavati, the widow of Pandurang and Deepak/a2, have taken a plea that they are agricultural tenants of the said property and they have also filed a tenancy case bearing no. TNC 56/94 before the Mamlatdar against Vasant/p. W. 2 and his brothers. Although Vasant Lawande/p. W. 2 had obtained the said injunction order against the accused, the enjoyment of the property continued to be with the accused till the year 2002, when presumably the cashew and mango crops were taken by Ranganath Bhinge, (since deceased) , pursuant to agreements dated 28. 02. 2002 and 10. 03. 2002 (Exhibit 19 and 20 respectively). Thereafter, the said Vasant Lawande/p. W. 2, obtained a licence for cutting trees from the said property on or about 23. 08. 2002 and the period of licence was extended to 07. 10. 2002 and in between the said Vasant/p. W. 2 entered into an agreement dated 16. 09. 2002, Exh. 22, with deceased Ranganath Bhinge, for the sale and cutting of the said trees and it does appear from the evidence of Vasant Lawande/p. W. 2, that during the said cutting of the said trees by the said Ranganath Bhinge, there was interference with the said cutting of trees from some of the accused, and, thereafter the said Padmavati and Deepak/a2 filed an application in the said tenancy case and obtained an ex parte Order dated 26. 11. 2002 restraining the family of Vasant Lawande/p. W. 2 from interfering with the possession of the said Padmavati and Deepak/a2. Vasant Lawande/p. W. 2 entered into another agreement with the deceased Ranganath Bhinge dated 24. 02. 2003, Exh. 23, by which he sold the cashew and mango crops of that year to the deceased Ranganath and the present incident of assault took place on 08. 04. 2003, when the deceased Ranganath Bhinge, went to pluck mangoes from the said property with the plucker Anil Morajkar/p. W. 6 and Suresh/p. W. 19 and four other migrant labourers namely Suresh and Laximi Lamani and Suresh and Laximi Rathod, who were not examined by the prosecution as they could not be traced. The incident took place after mangoes of one tree were plucked.

(3.) Lavu Malwankar/p. W. 4, an uncle of Vaman/a1 came to know about the incident upon hearing the noise in the direction of the house of Jairam Malvankar, who is his nephew, and, Premanand Malvankar/p. W. 5 came to know about the incident through the labourers who came running to his house and informed him that somebody was assaulted. Both Lavu/p. W. 4 and Premanand/p. W. 5, went to the place and saw Ranganath Bhinge (since deceased) and Suresh Malvankar/p. W. 19, with bleeding injuries and both were continuously asking for water. There, Lavu/p. W. 4 was told by Suresh/p. W. 19 that he was assaulted by Vaman/a1 with danda and by others, by iron rods. Premanand/p. W. 5 telephoned the police who arrived at the scene and thereafter Lavu/p. W. 4 informed about the incident to Narayan/p. W. 7, the younger brother of Suresh/p. W. 19. Lavu/p. W. 4 and Premanand/p. W. 5, both cousins of Suresh/p. W. 19, accompanied the police along with the deceased and injured Suresh/p. W. 19 to Primary Health Centre, Bicholim, where they were examined by Dr. Mascarenhas/p. W. 24 and then sent to Goa Medical College at Bambolim. Narayan/p. W. 7 first went to Primary Health Centre at Bicholim and then went to the Police Station where he lodged his complaint giving the names of all the accused having brutally assaulted the said Ranganath and Suresh. The said complaint came to be registered under Sections 307, 504, 506 read with 34 I. P. C. Ranganath Bhinge died on his way to Goa Medical College and subsequently Section 302 I. P. C. was added to the crime registered against the accused.