ARJUN MARUTI SHIRSATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has been convicted of the offence punishable under section 302 of the Indian Penal Code for having committed murder of Jagannath Rambhau Shirsat and for the offence punishable under section 326 of the Indian Penal Code, for having caused grievous hurt to muktabai wife of deceased Jagannath by 2nd Ad hoc Additional Sessions Judge, ahmednagar. Being aggrieved by this order of conviction and sentence the appellant has preferred Criminal Appeal No. 646/2004 and the State has preferred Criminal Appeal No. 828/2004, against acquittal of accused No. 8 babasaheb.

(2.) Briefly stated the relevant facts are that Rangnath (P. W. 1) , his brothers ashok, Gahininath and Rajendra were living jointly with their parents Jagannath (since deceased) and Muktabai (P. W. 8) at Takli-Manur, Taluka Pathardi, District ahmednagar. Land belonging to the villagers was acquired for the irrigation project. Affected persons were resettled at new settlement near the village known as Ambikanagar. However, as the dam water did not reach the village, Maroti (father of appellant) and others, retained possession of their property. Maroti desired to sell his open plot at the village. As the transfer was not permissible, babasaheb Uttam Dhakne purchased right to sell stones and soil from the plot, about 20 years back. Subsequently, some ten years back deceased Jagannath purchased this plot from Babasaheb Dhakne. Appellant, Babasaheb (accused No. 8) and Buvasaheb reside separately at Ambikanagar. After his retirement from military, appellant opened stationary shop at the village and started demanding re-conveyance of the disputed plot. As the deceased refused to oblige, the appellant filed civil suit in the Taluka Court for injunction and possession, being rcs No. 291/2001. In this suit order for status quo was passed by the Court. On 30-7-2002 there was fair at the village. At about 4. 00 p. m. , appellant abused the deceased in front of his shop. Thereafter, while the deceased, his wife Muktabai and son Rangnath were going to Ambikanagar for worship of the goodess, the appellant, his brothers Babasaheb (accused No. 8) , Buvasaheb (accused No. 2) , suresh, son of Buvasaheb (accused No. 7) , Dyandeo (accused No. 4) , Bhimrao (accused No. 5) , Patilba (accused No. 3) , Ramnath (accused No. 6) attacked the deceased on the road near Tamrind tree. Appellant was armed with large knife, accused No. 3 was armed with an axe and others were carrying sticks. Appellant inflicted three blows on the head of the deceased by large knife. As a result the deceased fell down. When P. W. 8 intervened to rescue her husband, the appellant inflicted blows on her head, back and shoulder. P. W. 10 Karbhari (brother-in-law of P. W. 8) and his son Ambadas (P. W. 11) came to their rescue. Both of them were assaulted by the accused. As a result of the injuries the deceased died on the spot. By that time a police van arrived at the scene of the occurrence. The victims were taken to the hospital. After treatment of his mother, P. W. 1 lodged a report of the incident with Pathardi police station at about 8. 30 p. m. On the basis of this report, an offence was registered by P. S. O. Shirke at Crime No. 127/2002 under sections 147, 148, 302, 326, 324 read with 149 of the Penal Code and the investigation was entrusted to P. I. Randive (P. W. 14).

(3.) The investigating officer visited the hospital and recorded statement of the injured witnesses. The dead body of Jagannath was kept at the mortuary. On 31st the investigating officer held inquest on the dead body and prepared panchanama (Exh. 69). He then visited the scene of occurrence. Sample of blood stained soil and control soil was attached under spot panchanama (Exh. 68). The appellant had sustained an injury which was bandaged. He was arrested at 2. 15 p. m. Blood stained clothes on his person were attached under seizure memo (Exh. 73). Clothes of injured Muktabai were attached under seizure memo (Exh. 76). Accused Nos. 2, 3 and 5 were arrested on 1-8-2002. Accused No. 2 produced axe and six sticks. These were attached under seizure memo (Exh. 70). Accused Nos. 6 and 7 were arrested on 2-8-2002. On that day, clothes of injured karbhari were attached under seizure memo (Exh. 102). On 4-8-2002 appellant made a confessional statement (Exh. 81) and produced large knife (Sura - Art. 13) concealed in a pit on the bund of the field of Ramkisan Shinde which is near the scene of occurrence. The knife was attached under memorandum panchanama (Exh. 82). The clothes and weapons were sent to Chemical analyzer on 12-8-2002. Accused No. 2 had sustained an injury on the stomach. He was arrested on 21-10-2002 on his discharge from the hospital. The accused came to be charge-sheeted on completion of the investigation.