NITIN RAMRATAN RAIBOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/ accused no. 3 was convicted by the Additional sessions Judge, Akola for having committed offences punishable under Sections 302, 324 of the Indian Panal Code. He was sentenced to undergo imprisonment for life and to pay fine of Rs. 4000/ -.

(2.) The facts giving rise to this appeal are as under -All the accused are resident of village ghusar. One Mangala Uttamsing Laharia is also resident of village Ghusar and was neighbour of the accused persons. Mangala was taking education in school while accused no. 1 Vinod was working as an electrician. There was love affair between accused no. 1 Vinod and Mangala. Mangala used to write love letters to accused no. 1 Vinod, so too accused no. 1 to Mangala. The parents of Mangala came to know of this love affair. They had, therefore, gone to the house of accused no. 1 Vinod and had brought this to the notice of accused no. 4 - Ramratan, the father of accused no. 1. It is alleged that accused no. 4 expressed an apology. However, inspite of this accused no. l or Mangala did not change their attitude and they continued to meet each other. Accused no. 2 is friend of accused no. 1 - Vinod, accused no. 3 - Nitin is brother of accused no. l, accused no. 4 is father and accused no. 5 is also brother of accused no. 1 Vinod.

(3.) On the date of incident i. e. 26/17 1999, Mangala had come back from the school. She was going along with her father Uttamsing to their field. While they were passing from Holi chowk, it is alleged that accused no. 1 met them. Accused no. l was given a slap by Uttamsing. Accused no. l, therefore, went home and came along with rest of the accused i. e. accused nos. 2 to 5. It is alleged that accused no. 3 was armed with a spear and others were armed with pipes and sticks and started assaulting Uttamsing. Mangala, therefore, raised cries whereupon three gajanana Laharias came to the spot duly armed. It is further alleged that accused no. 3 had dealt a blow with a spear on the chest of deceased uttamsing and he has also caused injuries to PW-1 Gajanan Laharia and PW-7 Gajanan balachand. Uttamsingh Laharia fell down due to the injuries. Thereafter, Gajanan Bodharam laharia went to the police station and lodged the report. It is also alleged that report on behalf of the accused was also lodged with the police. The police registered the crimes and took investigation in hand. They had filed charge-sheet against complainant-party i. e. Laharias as well as against the accused persons. Their cases were committed to the court of sessions.