PARASHRAM GANGADHAR FUGAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE judgment and order dated 31-12-1981 the Additional Sessions Judge, Nashik in Sessions Case No. 62 of 1981 convicted and sentenced the appellants in the manner stated hereinafter:---Appellant Parashram Gangadhar Fugat:---

(2.) BRIEFLY stated the prosecution case runs as under:---Appellant Gangadhar Fakira Fugat is the father of appellant Parsharam Gangadhar Fugat and the acquitted accused Popat Gangadhar Fugat and Kisan Gangadhar Phugat. Four of them were living jointly in village Janori. Deceased Prakash and the witnesses Vinayak, Dinkar and Dnyaneshwar were the sons of witness Pandurang and were also residing in the same village. There was a piece of land called "sherry" of which Pandurang became the owner. However, he transferred eastern portion of that land to appellant-Gangadhar Fugat and retained western portion of the land. It is also alleged that there was a small bandh between the portions of land belonging to Gangadhar and Pandurang. It is said that on account of this land relations between Gangadhar Fugat and his family members on one side and those of Pandurang and his family members on the other side were not cordial. On 22nd November, 1980 at about 6. 30 a. m. in the land Sherry informant Surekha P. W. 13, niece of Pandurang P. W. 10 was keeping watch over the cattle. Some cattle are alleged to have entered the portion of field Sherry belonging to appellant Gangadhar and started damaging the standing crop. The appellant Parsharam caught the cattle and brought them in the shed and abused Surekha who was standing on the bandh. Feeling insulted by these abuses Surekha called her cousin brothers Dinkar P. W. 11, Vinayak P. W. 12 and deceased Prakash who were working in the field at that time. They rushed to the place of incident. Acquitted accused Popat was with appellant Parsharam at the said time. Some hot words were exchanged between Dinkar, Vinayak and Prakash on one side and appellant Parsharam and Popat on the other. It is said that Parsharam was holding Rumna (wooden agricultural implement) in his hand and with the same he inflicted blows on Dinkar, Vinayak and Prakash. It is also said that Popat hurled abuses. Witness Pandurang who was in the village at that time was informed about the incident and accordingly he rushed to the place of the incident with his son Dnyaneshwar P. W. 16. As soon as Pandurang and Dnyaneshwar reached the road near the place of the incident appellant Gangadhar Fugat who was proceeding toward the place of the incident obstructed them. Appellant Kisan Gangadhar Fugat was also with him at that time. Kisan was holding a Bhala stick in his hand and with the same inflicted some blows on Pandurangs person. There was some uproar hearing which appellant Parsharam and acquitted accused Popat followed by Dinkar, Vinayak, deceased Prakash and Surekha rushed towards the road. It is alleged that two appellants started inflicting blows on Pandurang, Dinkar, Vinayak, and Prakash with Rumna and Bhala stick, and acquitted accused Popat and Kisan started pelting stones towards them. Parsharam is said to have lifted a stone and inflicted a severe blow with the same on the head of Prakash as a result of which the latter fell down. As a consequence of the assault launched by appellants and others Vinayak, Pandurang, Prakash, Dinkar, Surekha and Nivrutti sustained injuries. It is also said that appellant Parsharam sustained some injuries during scuffle and as a consequence of falling on the ground.

(3.) AS Prakash was precariously injured persons who had gathered there put him in a bullock cart. All of them came to the outpost at Mohadi. Constable Yeshwant Ananda P. W. 18 who was attached to the Mohodi out post gave a Yadi for the medical examination of the victims to the Medical Officer, Mohodi.