JANARDHAN RAGHU CHAVARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these appeals arise out of a common incident we are dispos-ing them off by a common judgment.

(2.) CRIMINAL Appeal No.139/83 has been preferred by six appellants viz. 1. Janardhan Raghu Chavare, 2. Baliram Kuber Chavare, 3. Sagar alias Sarjerao Kuber Chavare, 4. Kisan Kuber Chavare, 5. Manaji Bhagwat Chavare and 6. Dhanji alias Dhananjaya Kuber Chavare against the judgment and order dated 29th January 1983 passed by the Additional Sessions Judge, Solapur, in Sessions Case No.88 of 1982 convicting and sentencing them in manner stated hereinafter:-

(3.) BRIEFLY stated the prosecution case runs as under: Tukaram Sitaram Chavare P.W.7 was the first cousin of the deceased Shivaji. Appellant Janardhan was their cousin. Appellants Baliram Kuber Chavare, Sagar alias Sarjerao Kuber Chavare, Kisan Kuber Chavare, Manaji Bhagwat Chavare and Dhanji alias Dhananjaya Kuber Chavare are the nephews of the appellant Janardhan. Tukaram Chavare, the deceased Shivaji and the abovesaid six appellants were all agriculturists. The land of the appel-lants was near the land of Shivaji and Tukaram. It is alleged that there was some enmity between the appellants on the one side and Tukaram and Shivaji on the other. It is said that on account of the said enmity on 21 st February 1982 at about 10.30 a.m. When Shivaji and Tukaram were attend-ing to the water channel in their land the appellants came from behind. Appellants Kisan and Dhanji were carrying iron bars in their hands while Sagar alias Sarjerao, Janardhan, Baliram and Manaji had sticks in their hands. The Appellants stopped the electric motor at the well. On seeing the appellants armed Tukaram sensed that they would assault him and Shivaji. Therefore he started running behind him. Both of them ran to the land of Vithal Shete. When they reached near the electric pole in that land appel-lants Kisan, Dhanaji, Sagar and Baliram overtook Shivaji and assaulted him with iron bars and sticks. Kisan and Manaji then came towards Tukaram. Manaji caught hold of Tukaram and Kisan inflicted blows with iron bar on him. By that time Tukaram his brother Balu and father Sitaram came running from the Vasti. The brother of Tukaram, Bajirao who was grazing cattle on the Konheri road also came running. Sitaram asked appellant Janardhan as to why they were assaulting Shivaji and Tukaram and asked him to stop the other accused from assaulting them. Janardhan said that Shivaji and Tukaram were too arrogant and asked the appellants to beat them. By that time Shivaji had fallen down on the ground. Janardhan rushed at him with a knife in his hand. Sitaram caught hold of Janardhan. Appellants Dhanaji, Baliram and Sagar then went towards Balu and started assaulting him with iron bars and sticks. Sitaram asked Bajirao to get some water and when the latter returned with it and was going towards Shivaji appellants Dhanaji, Kisan and Baliram attacked him saying as to why he was giving water to Shivaji. By that time a number of persons, including Bhibhishan Mane and Shirmant Mane, came on the place of the incident. The appellants thereafter ran away.