ANKUSH NIVRUTTI GHORPADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Second Additional sessions Judge, Osmanabad, has convicted the appellants-accused in Sessions Case No. 15/1993 for offences punishable under sections 302 read with 149, 148 and 147 of Indian Penal Code. Hence, this appeal against conviction and sentence.

(2.) MADHUKAR Bendkale of village mahalingraiwadi, which is also called as yenegurwadi, on 20-8-1992 at about 9. 00 a. m. was sitting in front of his house. The seven accused went there and demanded explanation from him as to why he was making false allegation against them. The seven accused then beat Madhukar with fist blows and kicks and left the place. Rajendra s/o madhukar who was in the field returned home after some time and he learnt about the beating. Then he and his father went to the lane where the accused were residing to ask them as to why Madhukar was beaten. The seven accused then beat Madhukar and rajendra. They gave fist blows, kicks, also used stone for beating. The accused-Ankush was having sattur and he hit Madhukar on left leg with sattur. Madhukar received bleeding injury. The accused Devidas was having wooden handle of spade and he hit Madhukar with the wooden handle. Accused Umrao was having cycle chain and he beat madhukar with cycle chain. Rajendra tried to rescue Madhukar by throwing himself on person of madhukar. All the accused beat Rajendra also with kicks, fist blows, stone and handle of spade. Itihas Jagtap, maternal uncle of Rajendra intervened and stopped the beating.

(3.) HEAD Constable Katke was at Out-Post, yenegur. He received information from Trimbak Daji bendkale at about 9. 15 a. m. on 20-8-1992 that ankush Ghorpade and others had assaulted his brother and the maramari was going on. Venkal dattu Jadhav, another person, also reported about the maramari at the Out-Post. So Head Constable katke went to Mahalingraiwadi in the company of constable Chavan and Sarpanch Venkat Jadhav. He saw that Madhukar Daji Bendkale was lying in front of house of Krushna Bhure in injured condition. Wife and two daughters of Madhukar were sitting beside and were weeping. He put Madhukar in Jeep. Madhukar told that Rajendra was also injured. Rajendra was lying in another lane. So he was also taken in the Jeep and they were taken to Rural hospital, Murum, for medical treatment. Head constable Katke then went to Police Station, Murum and reported the matter to the P. S. I.