SHAMA TARACHAND FURKUNDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are filed to take exception to the conviction of the appellants for offences punishable under sections 304 (1), 326, 324 and 323 read with section 149 and sections 147 and 148 of Indian Penal code recorded by the learned Second Additional Sessions Judge, Gondia in sessions Trial No. 15/90 before him.

(2.) FACTS which led to prosecution and conviction of the appellants are as under: all the accused persons, as also the victim were resident of village nimgaon (Indora ). All of them were seeking work as labourers under the employment Guarantee Scheme on Bodalkasa dam on Nimgaon (Indora) canal road. Deceased Gulab Mahadeo Gunwe and prosecution witnesses Change govind Tete, Niranjan Vithoba Rinayat, Bhaiyalal Chandulal Dhomne, ganeshnath Harinath Rajput and others had been employed on this work. Accused No. 1 Shama @ Shamrao Tarachand Furkunde and other accused persons and their family members could not be employed on this work. They were working on Dhamniwada nursery on 5-4-1989, The victims party heard mirabai, wife of accused No. 2, Bhaiyalal Tarachand Furkunde gave them filthy abuses saying that they got the work because they bared their wives before the e. G. S. authorities. Accused No. 1 Shama @ Shamrao Tarachand Furkunde was also present there. Attempts of complainant Domnath Harinath Rajput and deceased Gulab Mahadeo Gurve to ask Mirabai not to use such language annoyed accused No. 1 Shama @ Shamrao Tarachand Furkunde got annoyed who charged at the person of Gulab Mahadeo Gurve as well as Domnath harinath Rajput with knife. Accused No. 2 Bhaiyalal Tarachand Furkunde intervened. Accused No. 1 Shama @ Shamrao Tarachand Furkunde, however left threatening that he would deal with the victims party in the evening.

(3.) IN the evening when the victims party found that the accused persons had gathered and where conspiring, deceased Gulab Mahadeo Gurve accompanied by witnesses Change Govinda Tete, Niranjan Vithoba Rinayat and bhaiyalal Chandulal Dhomne went to police station to give a report in respect of the incident in the afternoon. While 'gulab Mahadeo Gurve and Domnath harinath Rajpur went to the police station at 8 p. m. , witnesses Change Govinda tete, Niranjan Vithoba Rinayat and Bhaiyalal Chandulal Dhomne kept a watch near bus stand of Tiroda. PW-1 Bhaiyalal Chandulal Dhomne's mother, dhurpatabai w/o Chandulal Dhomne, saw that the accused had gathered with sticks, chains and other weapons and were talking about assaulting someone and, therefore, informed witnesses Ganeshnath Harinath Rajput, Ramnath Gopinath rajput and Prabhunath. They felt that the accused will attack Gulab Mahadeo gurve and Domnath Harinath Rajput. Therefore, they too went to police station tiroda and informed their friends at Tiroda about the impending attack.