KISHOR PUNJABRAO KUKDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. V. M. Deshpande, learned Counsel for the appellant/accused in Criminal Appeal No. 643 of 2002 and for the respondents/accused in Criminal Appeal No. 23 of 2003 and Mr. A. V. Gupta, learned Counsel for the appellants in Criminal Appeal No. 708 of 2002 and Mr. D. B. Patel, Additional Public Prosecutor for the State in all the three Criminal appeals.

(2.) The material particulars of the prosecution case in nutshell are as follows : on 2. 6. 1998, Security Officer Pundlik januji Mohod (PW-3) learnt that some cattle entered into the premises of Amravati university campus. Pundalik (PW 3) along with his six associates namely Dinkar chandekar (PW 4) , Kishor Raut (deceased) , dilip Bhosale, Bhagwant Sawarkar, gautam Bapurao Shirsat (PW 5) and one rupesh Rajurkar went to the spot where cattle were grazing at about 4. 00 A. M. Complainant Narhari Namdeorao Wankhade (PW 1) , at the relevant time, was watchman of Orange Garden which was situated on the eastern side of University Campus. The above referred witnesses asked him to accompany them. While these people were proceeding towards the place where the catties were grazing, they saw that part of the fencing of barbed wire on the eastern side was removed. These witnesses, therefore, suspected that the catties might have entered in the campus from there.

(3.) When these persons reached the spot, they saw some cattle grazing in the premises of the University and one person was looking after these catties. It is the prosecution case that, on seeing these witnesses, the said person ran away from the spot. At about 4. 30 A. M. , these witnesses started taking the catties towards the administrative side of building of the University in order to put them in cattle pound. When they reached near the department of Zoology, two persons i. e. accused Dilip s/o. Ramchandra vaidya and Kishor Kukde came near them. Accused Dilip was having stick in his hand and accused Kishor was armed with axe. As per the prosecution case, these prosecution witnesses prevented the accused from taking catties to the cattle pound. At that time, two more persons namely accused gajanan s/o. Bhimrao Vaidya, who was armed with axe and accused Deveshwar s/o. Ramchandra Vaidya, who was armed with spear, also came there and joined the other accused in preventing these prosecution witnesses (Security people) from taking cattle to the cattle pound. Accused Dilip asked other accused to launch attack on the employees of the University (Security personnel). Thereupon accused Deveshwar gave a blow with spear which resulted in causing injury on the waist of the complainant. Accused Dilip dealt a blow with stick which resulted in causing injury on his finger of right hand as well as left lower leg of narhari (PW 1). Pundlik Mohod (PW 3) intervened and wanted to help the complainant Narhari. However, accused Dilip gave a blow of stick on the person of Pundlik mohod, who sustained injury on his left leg.