JALINDAR SUKHDEO DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard respective counsel. Appellants herein are convicted for offence punishable under section 326 r/w 149 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 3 years and fine of Rs. 3,000/- each in default to suffer further rigorous imprisonment for 7 days. Appellants herein are also convicted for offence punishable under section 147 of Indian Penal Code and sentenced to suffer 6 months rigorous imprisonment and fine of Rs. 300/ each in default to suffer further rigorous imprisonment for 15 days, they are also convicted for offence punishable under section 148 of Indian Penal Code and sentenced to suffer 9 months rigorous imprisonment and fine of Rs. 500/ each in default to suffer further rigorous imprisonment for 15 days. Appellants further convicted for offence punishable under section 341 r/w 149 of Indian Penal Code and fine of Rs. 100/ each in default to suffer further rigorous imprisonment 7 days. Appellants herein are also convicted for offence punishable under section 427 r/w 149 of Indian Penal Code and sentenced to 1 month's rigorous imprisonment and fine of Rs. 100/ each in default to suffer further rigorous imprisonment for 7 days by 2nd Additional Sessions Judge, Solapur in Sessions Case No. 201 of 1994 vide Judgment and Order dated 14/05/1996. Hence, this appeal. During the pendency of the appeal, original accused no. 1 Jalinder Dalvi, original accused no. 4 Sukhdeo Dalvi and original accused no. 10 Dhananjaya Dalvi have expired. Hence, appeal stands abated against them.

(2.) Such Of The Facts Necessary For The Decision Of This Appeal Are As follows.

(3.) On 24/02/1994, Sugreev Parbat Was Admitted In Civil Hospital At Solapur. That he was in a injured condition. Prior to admission in Civil Hospital, Solapur he was examined at Primary Health Centre, Kurudwadi. It was noticed that he had sustained fracture of Tibia and other injuries. Statement of Sugreev was recorded by Special Executive Magistrate S. G. Tarapure on 24/02/1994 at about 4.45 p.m. Injured had disclosed to the Special Executive Magistrate that on 23/02/1994 at about 5.30 p.m., when he was proceeding towards his village along with his minor daughters Kishkinda and Rajashree on a motorcycle, but he was accosted by 10 to 12 persons who were armed with axes. He was threatened. He dropped his motorcycle, abandoned his two daughters and had attempted to flee. At that time, there were 10 to 12 persons. Jalinder Dalvi (Since deceased) had assaulted him with axe after he fell down. The assault had mounted on his tibia. Thereafter Popat Dalvi had raised his axe to assault Sugreev. He raised his hands to rescue himself and at that time he sustained the blow on his right hand. Tukaram had assaulted him with a stone on his head. Mahadeo had assaulted him with a stick on his forearm. Machhindra had assaulted him with a stone on his tibia. Sunil, Rajaram, Dhananjay, Jaysing had also assaulted him with sticks on his head, hands and legs. He had further disclosed that he was lying still on the ground. The assaults presumed that he had died and therefore, left the scene.