RAMU PRABHU TEJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these three connected appeals arise out of the same facts and a common impugned judgment, they are being disposed off together.

(2.) VIDE the judgment and order dated 24th November, 1981, passed in Sessions Case No. 146 of 1981, the Additional Sessions Judge, Thane convicted and sentenced the appellants in the manner stated hereinafter :--All the appellants :---

(3.) BRIEFLY stated, the prosecution case runs as under :--Rampal Ghisaram Kandare P. W. 2 at the time of incident was residing in Ulhasnagar Camp No. 5 along with his family members. On 17th December, 1980, at about 8. 30 a. m. he was sitting on the bench situate at a distance of about 10 ft. from the door of his house. At that time, deceased Pahilraj Jumman came there and sat on the same bench and started talking with him. Ten to fifteen minutes later 7-8 persons, including five appellants came there. The informant identified six of them viz. the five appellants and acquitted accused Hemraj Munnalal Shakti. There were 2-3 more persons with them, but he did not know them from before. Out of the appellants, Gangaram and Raju had spears. Ramu Teji had a knife. Kallu and Sham had sticks. When the appellants and others came within a proximity of 5-7 ft. of Pahilraj, he realised that they had come to assault him. Hence Pahilraj ran inside the informant's house. The informant immediately got up and sat at the door of his house. The appellants and others asked him to leave the door and threatened to kill him in case he did not do the same. The informant told them that nothing should happen in his house as his house would be unnecessarily damaged. At that, Gangaram assaulted him with a spear. He tried to duck the blow, but the spear brushed his left arm near the wrist. Appellants Kallu, Sham and the acquitted accused Hemraj thereafter started assaulting the informant with sticks. He, therefore, started running and hid himself in the house of Mathuraram. The appellants and others then entered the house of informant and started assaulting Pahilraj with spears and sticks. Since there were slits in the wooden planks in the wall of Mathuraram's house and the southern wall of the informant's house and the distance between the two houses was only 7 to 8 ft. , he could see the appellants and others launching an assault with spears and sticks on the deceased. After assaulting Pahilraj for 10-15 minutes they ran away. Thereafter the informant went in the living room of his house and found the corpse of Pahilraj lying in a pool of blood. Some children were playing there and informing them that he was going to Police Station to make his F. I. R. the informant proceeded to Police Station Hill Line.