CHAGAN KISAN KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Chagan Kisan Koli (accused no. 1), Narayan Shalik Choudhary (accused No. 2), Bharat Uttam Koli (accused no. 3) and Bhavlal Shivram Patil (accused no. 4)are convicted by First Ad hoc Additional sessions Judge, Dhule, for the offences punishable under sections 307, 324 and 323 r/ w. 34 of the Indian Penal Code. Accused nos. 1 and 2 are convicted for the offence punishable under section 135 (1) of the Bombay Police Act. Case of accused no. 1 was separated as he absconded at the stage of arguments, trial of accused nos. 2 to 4 was completed and they were convicted of the offences with which they were charged. Thereafter, accused no. l appeared before the court suo motu, on 22nd july, 2004. On completion of the trial against him, accused no. 1 came to be convicted of all the offences by order dated 24. 8. 2005. For the first offence the accused are sentenced to suffer rigorous imprisonment for life and fine of rs. 10,000/- each. For the second offence, they are sentenced to suffer R. I. for three years and to pay fine of Rs. 5,000/- each; for the third offence the accused are sentenced to suffer R. I. for one year and fine of Rs. 500/- each and for the fourth offence accused nos. 1 and 2 are sentenced to suffer R. I. for three months and fine of Rs. 500/- each. The default sentence carries stipulation for non payment. Accused no. 1 has filed Criminal Appeal No. 677 of 2005. Accused no. 2 has file Criminal Appeal No. 186 of 2005; and accused nos. 3 and 4 have filed criminal Appeal No. 185 of 2005. All the appeals are disposed off by common order as all they arise out of the same trial. For the sake of convenience the appellants are referred to in their capacity as accused.

(2.) Facts of the prosecution case lie in a narrow compass. Rival groups of Shamrao gaur (Namrata Panel) and Ashok Patil (Vikas panel) contested Grampanchayat elections in village Bhortek, on 15th February, 2004. Pundalik Bhila Koli, cousin of Chagan Koli (accused no. 1) and Bharat Uttam Koli (accused no. 3) from Namrata Panel lost the election. The accused were annoyed with Dongar Jadhav (P. W. 12), Mahendra Jadhav (P. W. 8) and Nitin ahire (P. W. 10) for not supporting their candidates. On 16th February, 2004, at about 3. 30 p. m. Chagan went to the barber shop of nitin and threatened him for not supporting his cousin in the election, while Narayan (accused no. 2) stayed outside the shop near the motor cycle. Some time later, these persons went towards Bhortek and returned with sword. Narayan caught Nitin and Chagan dealt blows with sword on his neck, Nitin succeeded in dodging the blows which caused injuries over his chest. Injuries were also inflicted over thigh and back, in presence of Bhavlal (accused no. 4)and Bharat (accused no. 3 ). Chagan and Narayan then went to Bhortek bifurcation on motor cycle at about 4. 30 p. m. where Dongar and Mahendra were gossiping. Chagan dealt sword blow which was blocked by Mahendra by right hand, sustaining injury to the palm and wrist. Narayan and Chagan then attacked Dongar with swords. Dongar blocked blow intended for the head with his hand sustaining injury to the right hand. On their arrival Bhavlal and Bharat kicked and fisted dongar. During the progress of the assault, mahendra ran to the nearby field. On arrival of the female labourers from the adjoining field, the assailants left the place. Dongar was taken to Thalner police station in a jeep used for public transport. As his injuries were serious, Dongar was immediately sent to Shirpur for treatment. After first aid was given, he was sent to Dhule hospital by medical officer. Dr. Agrawal. Operation was performed at Dhule Civil Hospital in which muscle tendons, ulna artery and nerves of his right hand were ligated. In the meanwhile, mahendra went to the village, where he was informed of the assault on Nitin. He then went to Thalner Police Station with villagers and lodged first information report (Ex. 43 ). On the basis of this report, offence came to be registered against the accused under sections 307,324,323,504 and 506 r/w. 34 of the Indian penal Code and section 37 (1) (3) r/w. 135 of the Bombay Police Act, at 7. 30 p. m. Nitin also came to the police station. Both of them were sent to Shirpur for medical treatment. Dr. Agrawal wound that Mahendra had sustained three injuries and Nitin had suffered four injuries mentioned in certificates (Exs. 61 and 62 ). The patients had given history of assault. On 17th psi Girish Patil collected sample of blood stained soil and control soil from the spot under panchanama (Ex. 32 ). Accused Bhavlal and bharat were arrested under panchanama (Ex. 33 ). Clothes of the victims were attached under seizure memos (Exs. 36 and 38 ). Chagan was arrested on 27th under panchanama (Ex. 64 ). On the same day Chagan made a confessional statement (Ex. 45) and produced swords from the shrubs near the river. The swords were attached under seizure memo (Ex. 46 ). On 29th Chagan made a confessional statement (Ex. 47) and produced motor cycle parked under Neem tree near Surya hotel. The vehicle was attached under seizure memo (Ex. 48 ). Articles attached during the course of the investigation were sent to Forensic laboratory on 12th March, 2004. On completion of the investigation charge-sheet came to be filed against the accused. At the trial the accused adopted defence of total denial claiming that they are falsely implicated in view of the political rivalry.

(3.) First informant Mahendra (P. W. 8) stated that while he was gossiping with dongar at the Bhortek bifurcation, Chagan and narayan came there on motor cycle. Chagan took out two swords from cloth bag and handed over one of the weapons to Narayan. He then inflicted sword blow to him. He made an effort to avoid the blow, but it fell on right wrist and palm. Chagan then dealt 2/3 sword blows which caused injuries to his left leg. Chagan and narayan then dealt sword blows to Dongar, who dodged the blows but suffered injuries on his wrist and elbow. Bharat and Bhavlal then arrived at the scene of occurrence. They kicked and fisted Dongar. Apprehending danger from the assailants, he ran to the nearby field, while he was at the field, he saw female labourers taking away Dongar in a jeep. Mahendra then went to the village, where he learnt that Nitin was also assaulted. From the village, Mahendra went to Thalner Police Station and filed report (Ex. 43 ). Nitin also came to police station while he was there. Both of them were sent to Shirpur cottage hospital, where Dr. Agrawal examined them. In the cross-examination Mahendra admitted that the accused had come from the direction of Manjrod. Chagan alone assaulted him. First blow was given on the right palm, second on thigh and the third blow was dealt behind knee of left leg. Mahendra admitted that report of Nitin was also recorded by the police. The witness denied the suggestion that he witnessed assault on Dongar while he was running away. He further denied that the accused are falsely implicated on account of political rivalry or that Bhavlal and Bharat had not assaulted Dongar.