STATE OF MAHARASHTRA Vs. SAMPAT BALVANT MAGAR

JUDGEMENT

(1.) SINCE both these matters arise out of same set of facts and a common impugned judgment, we are disposing them of by one judgment.

(2.) A perverse judgment of acquittal dated 18-4-1983 passed by the Judicial Magistrate, First Class, Malshiras, District Solapur, in Criminal Case No. 159/1978 acquitting the respondent Nos. 1 to 3, 6 to 13 for offences punishable under section 147, 148, 325, r/w 149 and 504 of I. P. C. and respondent Nos. 4 and 5 for the said offences (but, in place of section 325 I. P. C. , convicting each of them under section 324 I. P. C.) has prompted the State of Maharashtra to prefer the Criminal Appeal No. 517 of 1983. Some consideration has prompted the original complainant Prabhakar Tulshiram Magar to file Criminal Revision Application No. 321 of 1983.

(3.) BRIEFLY stated the prosecution case runs as under :---The informant Prabhakar Tulshiram Magar P. W. 2 and 13 respondents namely, 1) Sampat Balvant Magar, 2) Gulab Bhagwan Magar, 3) Krishna Damu Magar 4) Nanasaheb Annasaheb Magar 5) Nagnath Baburao Magar 6) Annasaheb Yeshwant Magar 7) Prabhakar Sopan Magar 8) Ravsaheb Vithoba Magar 9) Janardan Kondi Magar 10) Namdeo Sopan Magar 11) Shrimant Sopan Magar @ Shrikant Kashinath Magar, Maruti Kashinath Magar 12) Nanasaheb Vithoba Magar 13) Appa Dada Magar are residents of the same village namely Nimgaon. The allegation is that there was an enmical strain between the parties. On 19-7-1977, at about 3 p. m. the informant was in his land situate in village Nimgaon, Taluka and Police Station Malshiras, District Solapur. He was having sugarcane seedlings planted in his land by labourers Prahlad Magar, P. W. 4 and some others. At that time, the 13 respondents came there. The respondent Nanasaheb Annasaheb Magar and Nagnath Baburao Magar started assaulting him from the handles of axe on his head. They also abused him for having involved them in respect of murder of Bhimrao Yadu Magar. As a consequence of the assault made by the said respondents the informant fell down. Thereafter, he got up and ran towards the vasti. The respondents started chasing him and near the well, all of them overpowered him and started assaulting him by sticks, ironbars etc. As a consequence of the assault, the informant sustained injuries on various parts of his body. He became unconscious. Apart from the informant, the incident was also witnessed by Pralhad Shripati Magar P. W. 4 and some others. After assaulting the informant, the respondents are said to have run away. 3a. Servants of the informant brought a cart and first took him to the vasti. Thereafter, in a cart, brought by Bajrant Pawar, he was taken to Malshiras Police Station. There he was given a yadi addressed to the Medical Officer in the Hospital, for medical examination. The evidence is that there was no Medical Officer in the Hospital when the informant reached there. Thereafter, the informant was taken to Akluj Government Hospital. At the said Hospital, he was given first aid and thereafter immediately shifted to the Civil Hospital Solapur, as his injuries were serious in nature. The same day at 11. 30 p. m. he was medically examined by Jagadevappa Nagappa Karande, P. W. 1. Dr. Karande found on his person 14 injuries which are enumerated below :----1. C. L. W. bleeding 3?" x 1/2" bone deep frontal parietal region. 2. Clinically fracture frontal bone left. 3. C. L. W. bleeding 2" x ?" scalp deep on left parietal re gion. 4. C. L. W. bleeding 2" x ?" scalp deep on rt. parietal re gion. 5. C. L. W. 1" x ?" scalp deep on parietal region mid line. 6. Contusion redish in colour 7" x 1" each over the back 3 in number 7. Contusion redish in colour 3?" x 2?" on left scapula region. 8. Contustion redish 7" x 4" on left forearm posterior aspect. 9. Fracture left ulna middle third. 10. Two CLW bleeding ?" x ? muscle deep between rt. thumb and index finger. 11. Contusion haematoma 2?" x ?" over rt. forearm lower third redish in colour poste rior aspect. 12. Contusion redish in colour 4" x ?" over lt. thigh middle third lateral aspect. 13. Abrasion over rt. knee ?" x ?" over rt. knee anterior aspect. 14. CLW bleeding ?" x ?" into muscle deep over rt. cheek. In the opinion of the doctor, these injuries were inflicted within 12 hours and were attributable to a hard blunt object. Dr. Karande also stated that the X-ray of skull, chest and forearm was done; that of skull showed depressed fracture of the left frontal bone and that of forearm showed fracture of ulna middle third. He also opined that depressed fracture of skull was possible by assault by the butt end of an axe.