GAHININATH JAGANNATH SHIRSATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants and accused Nos. 1, 2, 7 and 9 were prosecuted for commission of offence punishable under sections 147, 148, 324, 307, 504, 506 read with section 149 of the Indian Penal Code (for short the "ipc"). Accused Nos. 1, 2, 7 and 9 are acquitted of all the offences charged against them. Appellants are acquitted of the offences punishable under sections 504 and 506 read with section 149 of the Indian Penal Code. They are, however, convicted for the offence punishable under sections 147, 148, 324, 307 read with section 149 of the Indian Penal Code and are sentenced to suffer R. I. for one year each and fine of Rs. 100 each for the first, second and third offence and R. I. for five years each and fine of Rs. 1000/- each for the fourth offence. Substantive sentences are directed to run concurrently. The appellants have impugned this order of conviction and sentence in the present appeal.

(2.) Relevant facts, in nutshell, are that appellants and first informant-Arjun maroti Shirsath (PW 1) are distant relatives. They are natives of village Taklimanur, taluka Pathardi, District Ahmednagar. Land from the village was acquired for Ghatsil Pargaon Irrigation Project and villagers were rehabilitated at new settlement (Ambikanagar) near the old village. As the water of the Irrigation project did not enter the village, the owners retained possession of their properties. Brothers of PW 1 Buvasaheb and Babasaheb (PW 2) are separately residing at Ambikanagar. PW 1 was serving in the Military. After retirement, he returned to the village and started living at his farm. He also opened a stationery shop at the village. Appellant No. 1 Gahininath and appellant No. 3 are sons of deceased Jagannath. They reside at the village. Maroti, father of PW 1, owned open plot by the side of their house. This plot was sold by Maroti to Babasaheb dhakne some 20 years back. Subsequently, the plot was purchased by the deceased from Babasaheb Dhakne about 12 years back. There was a dispute between PW 1 and deceased Jagannath in respect of this open plot. PW 1 has filed Civil Suit No. 291/2002 in the Court of Civil Judge Junior Division, pathardi, against the deceased. The Court has passed an order for interim injunction against defendants in this suit. On 30-7-2002 there was a fair at the village. At about 3. 00 p. m. Rangnath (appellant No. 3) , Gahininath (appellant no. 1) , Ankush (appellant No. 5) , Bhima (accused No. 7) and Rajendra (accused no. 9) obstructed PW 1 near village Karodi, while he was returning from pathardi. They threatened PW 1 with dire consequences if he did not withdraw the Civil Suit. To avert the assault, PW 1 told them that the dispute should be settled at the village and went to his shop at the village.

(3.) Pw 1, then, came to his shop at about 4. 00 p. m. while he was opening the shop, deceased, appellant Nos. 2 to 4 asked him to come to them before opening the shop. Sensing trouble, PW 1 accosted his brother PW 2 who was at the market. By that time, appellant Nos. 1, 3, 5 and accused Nos. 1, 2, 7 and 9 joined the deceased. As the assailants outnumbered him and his brother, PW 1 started running towards Ambikanagar. The assailants were chasing him. Appellant No. 3 was carrying gupti, appellant No. 1 was wielding iron rod and accused No. 9 was armed with sword. When he reached pipal tree at a distance of about 100 ft. from the shop, PW 2 asked him to stop running. When he stopped, appellant No. 1 inflicted blow on his head with iron rod. PW 1 fell down under the impact of the blow. PW 2 tried to reason with the assailants asking them not to assault PW 1 and went to the rescue of his brother. Appellant No. 1 dealt blow on the stomach of PW 2 with gupti. At this moment, PW 2 snatched iron rod from the hands of appellant No. 1 and started waving it. The deceased who tried to assault PW 1, was struck at the back of the head above the ear and on the forehead. As the deceased was drunk, he could not control himself and fell on heap of stones. Having heard the cries, Buvasaheb and Kantabai (wife of PW 2) , came there. When they saw that PW 2 has received injury, both of them started raising alarm. At this juncture, Ramdas, nephew of PW 1, came there on motorcycle, PW 1 went to the Police Station with Ramdas. From the Police station, PW 1 obtained letter for the Medical Officer and went to the Rural hospital, Pathardi, for treatment. Medical Officer Dr. Yermalkar examined him at 5. 40 p. m. and found that PW 1 had sustained blow on occipital region of the size 2 x 1 x 1 cms, and abrasions on left fore-arm. On examination of PW 2 at 7. 15 p. m. , the Medical Officer found that he had suffered an injury on the abdomen from which the intestines and omentum were protruding. He referred pw 2 to the Civil Hospital, Ahmednagar for treatment. At the Hospital where pw 1 was taking treatment, his complaint was recorded by PSO Shirke. On the basis of this report, offence was registered at Crime No. 128/2002 under sections 147, 148, 324, 307, 504, 506 read with section 149 of the Indian Penal Code, against the accused. Investigation of this offence was then handed over to P. I. Randive (PW 6).