STATE OF MAHARASHTRA Vs. PRAKASH BAPU SAWANT

JUDGEMENT

(1.) BY means of this appeal, the appellant has prayed that the sentence awarded to the two respondents vide Judgment and order dated 31-8-1982, passed by the Additional Sessions Judge, Kolhapur in Sessions Case No.37/1982 be enhanced. It appears that the learned Additional Sessions Judge found the respondent-Prakash Bapu Sawant guilty under section 304 (part II) IPC and respondent-Bandu Baly Ingale guilty under section 324 IPC. However, instead of sentencing them to jail, he directed them to be released under section 4 of the Probation of Offenders Act on their furnishing a bond of Rs.1000/- and one surety of the like amount for a period of one year. The Additional Sessions Judge also directed each of the two respondents to pay Rs.1000/- as compensation to Sarubai PW 2 w/o Shamrao More (deceased) under section 5 of the Probation of Offenders Act. Hence, this appeal.

(2.) THE prosecution case in brief runs as under:- The two respondents and the deceased Shamro More were close relations. Respondent Prakash Sawant is the son of Bapu Sawant. respondent Bandu Ingle is the son-in-law of Bapu Sawant. Bapu Sawant's wife was the sister of the deceased Shamrao More. Shamrao More had another sister Shailabai PW 3. It appears that Shailabai was deserted by her husband. Hence, the deceased had given her one she-buffalo a year prior to the incident. It is said that Bapu Sawant did not like this and instead wanted the she-buffalo to be given to him. On account of this Bapu was always abusing Shailabai. On 6-6-1981, Shailabai PW 3, her sister Shantabai PW 8 and Sarubai PW 2 wife of the deceased Shamrao More had gone to bazar to make some purchases and from there they returned at about 3 p.m. When Sarubai returned, she found Shamrao More sitting with her daughters. At about 8 p.m.-8.30 p.m., when she had finished cooking and was about to arrange dinner, she and Shamrao More heard Bapu Sawant abusing Shailabai. Onhearing the said abuses, both of them came out of the house. They found that the respondent Prakash, his brother Dilip, his father Bapu Sawant and his brother-in-law Bandu Ingle were abusing Shailabai. They are said to have abused her for about 15 minutes. Shamrao More asked them as to why they were abusing Shailabai. However, they did not stop abusing her. One Gulab Desai and Ramu Gujar at that time came there and took the respondent Prakash and others away. Thereafter, Sarubai served evening meals to Shamrao More. After Shamrao More had finished eating, the respondents, Dilip Sawant and Bapu Sawant came to their house. Thereupon, Sarubai and Shamrao More came out of the house. Then the respondents and others started assaulting Shamrao More. It is said that the respondent-Prakash gave an axe blow on the head of Shamrao More who fell down as a consequence thereof. Then respondent Bandu Ingle gave an axe blow on Shamrao More's face and another one on his left forearm. Thereafter, Bapu Sawant and Dilip also assaulted Shamrao More with sticks. It is said that Shailabai and Shantabai threw themselves on Shamrao More in order to save him. Sarubai was helpless because she had a child in her hand. Apart from Sarubai, Shailabai and Shantabai, this incident is alleged to have been seen by Maruti More, a cousin of Shamrao More. After assaulting Shamrao More, the respondents and others are alleged to have run away. On hearing cries of Sarubai and others, Gulab Desai and Rama Gujar came there and lifted Shamrao More and took him in front of Shantabai's house had gave him water to drink. At that time, Shamrao More was not in a position to speak as he was unconscious. Maruti More and others on a cart took Shamrao More, who was still alive, to Panhala police station. They were at the said police station for about 5 minutes. Immediately, thereafter they were sent to CPR Hospital, Kolhapur.

(3.) THE F.I.R. of the incident was lodged by Sarubai More PW 2 on the date of the incident itself, at Panhala police station. In the said F.I.E., two respondents, Dilip Sawant and Bandu Ingle are named. After the usual investigation, the two respondents, Dilip Sawant and Bapu Sawant were charge sheeted by the police of Panhala police station. It may be mentioned that during the course of investigation, the Investigation Officer recovered the blood stained earth from the place of the incident. It may also be mentioned that during investigation, at the pointing out of the respondents, the weapons of assault the blood-stained clothes were recovered but, the said recovery has been rejected by the trial Judge for very plausible reasons contained in para 27 of the impugned judgment.