NASHIK S/O RAMHARI GAWANDE, AGED 38 YEARS, OCCUPATION NIL, R/O PRESENTLY CONVICT NO. C4524, AMRAVATI CENTRAL PRISON, AMRAVATI/ NANDGAWHAN, TQ. DARWHA, DIST. YAVATMAL Vs. STATE OF MAHARASHTRA THROUGH POLICE STATION OFFICER, P.S. DARWHA, TQ. DARWHA, DISTRICT

JUDGEMENT

(1.) The original accused No. 4 - Nashik Ramhari Gawande has filed Criminal Appeal No. 44 of 2015 while Criminal Appeal No. 45 of 2014 is filed by four accused i.e. Accused Nos. 1, 3, 5 & 7. They challenge the judgment dated 10.01.2014 delivered by the Additional Sessions Judge, Darwha, in Session Trial No. 4 of 2008.

(2.) Accused No. 1 - Siddharth Shamrao Dhoke, accused No. 3 - Ravindra Shamrao Dhoke, Accused No. 4 - Nashik Ramhari Gawande, Accused No. 5 - Vijay Shamrao Dhoke and Accused No. 7 - Amol @ Yash Siddharth Dhoke, are found guilty of offences punishable under Sections 302, 147 and 324 read with Sec. 34 of the Indian Penal Code and sentenced to suffer various punishments including life imprisonment. Accused No. 2 - Nandu Narayan Dhoke and Accused No. 6 - Ashwadeep Narayan Dhoke, are acquitted of all offences. Similarly, all accused are acquitted of offences punishable under Sections 452, 307, 325 and 504 of the Indian Penal Code as also Sec. 135 of the Bombay Police Act.

(3.) According to prosecution story, the incident has taken place on 10.09.2007 between 6.00 and 6.30 PM. The informant is one Ragho Domaji Muneshwar. He lodged report that his cousin - Milind Gomaji Muneshwar went in front of the house of Accused No. 4 - Nashik to cut and bring leaves and branches of peepal tree required for traditional day of Pola i.e. the day on which bullocks are worshiped. After taking permission of Nashik, he climbed on the tree and cut leaves and branches. Accused No. 4 - Nashik noticed that Milind cut leaves and branches in excess and hence he pelted stones on Milind. When he got down, Nashik slapped him. Quarrel began and people gathered. Ragho also went there. He took both of them to the Police Patil - Bhaurao Vishwanth Mane and pacified them. The quarrel then ended. Police Patil advised Ragho to apologize to Nashik.