STATE OF MAHARASHTRA Vs. DATTATRAYA BAPUPAWAR

JUDGEMENT

(1.) The State has filed the present appeal against the judgment and order of the Sessions Judge, Pune acquitting the accused of the offences punishable under sections 302, 307 and 504 read with 34 of the Indian Penal Code.

(2.) The case of the prosecution is that one Namdeo was working in Dubai and used to arrange jobs for the villagers of Wagholi village as and when it was possible. Accused No. 1 requested him to secure a job for him in Dubai when Namdeo had returned to the village for a holiday. Several others in the village had also sought an assurance from Namdeo that he would arrange for jobs for them. It appears that Namdeo left for Dubai after assuring some of the villagers that he would make an attempt to secure jobs for them in Dubai. According to the prosecution, on 2-10-1988, Namdeo's brothers Ramdas and Damu left their house on a motor cycle for distributing milk. As they were alerted by their nephew Milind that the accused were waiting to assault them on the road, Ramdas carried a wooden stick with him. The accused made them stop the motor cycle after which they dismounted the motor cycle. Accused No. 1 had a grievance that their brother Namdeo had not managed to secure a job for him in Dubai and started abusing him. The prosecution alleges that the complainant i.e., Ramdas suggested that all of them go to the Police Patil and settle the dispute. When they reached near the house of the Police Patil, accused No. 1 inflicted a blow with a knife on Damu's chest. Ramdas who was carrying a stick in his hand hit accused No. 1 with it on the head. Accused Nos. 3 and 4 caught hold of Damu and assaulted him with a knife. They dragged him to a spot near a lake and murdered him in a ditch nearby. Damu shouted for help for a while. Once his cries stopped, accused Nos. 1 and 2 assaulted the complainant Ramdas. A milkman Shankar Raut who reached the spot intervened and separated them. The prosecution also alleges that another brother of Ramdas, Dnyanoba came to the spot and also tried to stop the quarrel upon which he was assaulted. The Police Patil and his wife rushed to the spot on hearing Ramdas's cries. The Police Patil informed the police station at Loni of the incident and that Damu had died on the spot while Ramdas had been admitted to Sassoon Hospital. The accused were arrested and tried by the Sessions Court, Pune for commission of the aforesaid offences. The trial resulted in their acquittal.

(3.) The learned Assistant Public Prosecutor has submitted that the learned Sessions Judge has committed an illegality by not accepting the evidence of the complainant who has been examined as PW1 only on the ground that no independent witness was examined by the prosecution to prove its case. He submits that PW1 was also assaulted and was an eye witness to the incident and as such his testimony ought to have been accepted by the trial Court. The learned APP further pointed out that a blood stained knife has been discovered at the instance of accused No. 1. However, this discovery has been discarded by the learned Sessions Judge on the ground that it was found in an open field. He contends that the injuries suffered both by the deceased Damu as well as the complainant Ramdas were severe and, therefore, the accused ought to have been convicted under sections 302, 307 and 504 read with 34 of the Indian Penal