NIVRUTTI GENU UBHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE Judgment and Order dated 30-6-1983, passed in Sessions Case No.110/1981, the Additional Sessions Judge, Pune, convicted and sentenced the appellants in the manner stated hereinafter:-

(2.) BRIEFLY stated the prosecution case runs as under:- The informant Vithal Sonawane, PW 3 was the nephew of the deceased Masu Sonawane. PW 6 Nivrutti Sonawane was the son of Masu Sonawane. The appellant Gopal is the husband of the acquitted accused Anusayabai and father of Sambhaji, who was tried by a Juvenile Court. Since Anusayabai is the sister of the appellant Nivrutti, the latter is the brother-in-law of Gopal. It is alleged that lands of the informant and the deceased on the one side, and those of the appellants on the other, were contagious. Since a decade prior to the incident, there was a quarrel between them on the issue of ownership of grass., It is said that land of the informant which was land Survey No.19, was one furlong from the houses of the appellants Nivrutti and Gopal. On 27-9-1980, there was the first death anniversary (Shradh) of the father of the informant. Hence, he had invited his relations. By about 1 p.m. all the invites had taken food and thereafter, had left the informant's house. At about 2/2.30 p.m. the informant brought his cattle for grazing in Land Survey No.19. At that time, the deceased Masu and Nivrutti, PW 6, also came in Land Survey no.19 and started cutting the grass. They were at a distance of about 200 feet from the place, where the informant was grazing the cattle. Contagious to Land Survey No.19, the acquitted-accused Anusayabai and Juvenile accused Sambhaji were grazing their cattle in Land Survey No.20. At about 4/4.15 p.m. the cattle of Anusayabai entered the informant's land and started grazing the same. Seeing this, the informant started driving them out with the help of a stick. Seeing this, Anusayabai and Sambhaji came to Land Survey No.19 and started hurling abuses on the informant. They did not pay heed to his request to graze their cattle in their land. Thereafter, Anusayabai came near the informant and caught hold of his Pyjama and Sambhaji inflicted a stick blow on his left leg. Hearing the informant raising cries, Masu Sonawne and Nivrutti came running to the informant's rescue. Masu tried to reprimand Anusayabai but the latter abused him. At that moment, the appellant Gopal armed with a gun came running from the northern side towards Land Survey No.19. The informant's brother Sahadu and Vasant Marene PW 7 also came running from the same side. Thereafter, Gopal stood in hid paddy field (Land Survey No.20) with a gun in his hand Anusayabai and Sambhaji also crossed over to Land Survey No.20 and stood by Gopal's side. Gopal threatened the informant and Masu in terms "I am your father and I have come." Gopal pointed his gun towards the informant and Masu, who at that time, were at a distance of about 20 feet from him. Sahadu and Vasant also tried to reprimand Gopal but, the latter asked them to go away. Then, Gopal fired in their direction. Fortu-nately, the shot did not strike either the infor-mant or Masu or anyone else. In the meantime, Vasant Marne, PW 7 caught hold of Gopal by his waist. The informant immediately rushed towards Gopal and gave a stick blow on the but end of his gun resulting in the latter falling down. Then, Nivrutti son of Masu lifted the gun. At that very moment, appellant Nivrutti came armed with a stick from the western side. He gave a stick blow on the informant's head resulting in his falling down in Land Survey No.20. At that time, Masu was near the informant. Nivrutti inflicted two stick blows on Masu's head. In the meantime, appellant Gopal snatched the stick from Sambhaji and gave a stick blow on the informant's back. Gopal gave a stick blow on the left elbow of Masu. While the informant and others were rescuing Masu, the appellant Nivrutti gave a stick blow on the right shoulder of Nivrutti PW 6, the son of Masu. Thereafter, the appe-llants, Anusayabai and Sambhaji ran away. After the appellants and others had run away, Vithal, Nivrutti, the informant and Mahadu brought Masu to Masoba temple. There, Masu narrated the incident to Namdeo Sonawane and Dhondiba Sonawane. Namdeo asked him as to where the gun was. Vasant Marne told him that he had kept it in the house of Masu. Thereafter, he brought the gun from Masu's house. Then, Dhondiba Sonawane opened the gun. He found one empty cartridge and one live cartridge inside the gun. He then, handed over the gun and both the cartridges to Nivrutti. Thereafter, the informant, Masu, Nivrutti, Namdeo and Dhondiba came by a bus to Paud and went to Paud police station.

(3.) THE investigation in the instant case was conducted by PSI Mahangade, PW 10. After registering the case, on the basis of the FIR, and sending Masu and Vithal for medical examination, he took into possession the gun along with the two cartridges, one live, and one empty handed over by Nivrutti. The next day i.e. 28-9-1980, at about 7 a.m. he visited the place of the incident and inspected the same on being shown by Vithal. He drew a spot panchanama Exhibit 25. He seized a sickle and a stick. He then recorded statement of the informant under section 161 Cr.P.C. and of Nivrutti PW 6 and some others. The same day, he arrested the appellants. During the course of the investigation, on the pointing out of appellant Nivrutti, he seized a stick, under a panchanama. On 1-10-1980, at about 10 p.m. he received an information that Masu had succumbed to his injuries and consequently, converted the case form under section 307 IPC to one under section 302 IPC. On 23-10-1980, he forwarded some of the recovered articles to the Chemical Analyst, at Pune. He also forwarded the gun and the two cartridges, handed over by Nivrutti PW 6, to the Ballastic Expert. After receiving the report of the Chemical Analyst, and that of the Ballastic Expert, he submitted the charge sheet on 3-2-1981.