FULCHAND ALIAS FULYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Shrivastava, learned Counsel for the appellant No.1, Shri Daga, learned Counsel for the appellant No.2, and Smt. Wandile, learned Additional Public Prosecutor for the respondent.

(2.) The criminal appeal is directed against the judgment and order dated 22-11-2002 passed by the 5th Additional Sessions Judge, Nagpur in Sessions Trial no.665/2000 whereby both the appellants were convicted for the offence punishable under section 302 read with section 34 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,0007- each and in default, to suffer rigorous imprisonment for one year. Both the appellants were also convicted for the offence punishable under section 324 read with section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.300/- each and in default, to suffer rigorous imprisonment for one month. Both the sentences were directed to run concurrently.

(3.) The prosecution case, in nutshell, is as follows : deceased Ramesh Thaware was an agriculturist and resident of village nad. PW 1 Hiraman, at the relevant time, was working with deceased Ramesh as his servant. On the day of incident, i. e.31-8-2000, deceased Ramesh had to pay some amount to PW 1 Hiraman towards his salary. Hence, he along with PW 1 hiraman went to Co-operative Bank at village Besur. Deceased Ramesh withdrew an amount of Rs.2,000/- from his account. Deceased Ramesh and pw 1 Hiraman thereafter came out of the Bank where appellants met them. Appellant No.1 Fulchand demanded an amount of Rs.100/- from deceased ramesh for drinking liquor. Deceased Ramesh refused to pay the same. Being enraged by such refusal, appellant No.1 Fulchand assaulted deceased Ramesh by a blade. Deceased Ramesh suffered two-three scratch injuries on his cheek and chest. After the said incident, deceased Ramesh and PW 1 Hiraman returned to their village Nad. Deceased Ramesh kept the amount of Rs.2,000/- at his home and then both of them went to the agricultural land of deceased Ramesh. At about 5.30 p. m. on the same day, while deceased Ramesh and PW 1 Hiraman were returning to their home, both the appellants again accosted them. Appellant No.1 fulchand caught hold of deceased Ramesh whereas appellant No.2 Bhadu caught hold of PW 1 Hiraman. Appellant No.1 Fulchand was holding two knives in his hands and assaulted deceased Ramesh by means of knives on his stomach. PW 1 Hiraman, however, managed to escape from the spot by releasing himself from the clutches of appellant No.2 Bhadu. PW 1 Hiraman rushed towards the village. At that time, brothers of deceased Ramesh were sitting on the platform in front of the temple at village Nad. Other villagers were also sitting under the banyan tree just near the temple. PW 1 Hiraman informed all of them that appellants Fulchand and Bhadu assaulted his employer. The brothers of deceased ramesh and other villagers immediately proceeded towards the spot of occurrence. While they were on the way to the spot of occurrence, they saw appellants coming from the opposite direction with the weapons in their hands. Appellant No.1 Fulchand was holding two knives whereas appellant No.2 bhadu was armed with one knife. The moment appellants saw mob coming from the side of the village, they started running and wanted to escape. It is the case of the prosecution that villagers and brothers of deceased Ramesh chased the appellants and apprehended them. The weapons from their hands were snatched and they were brought in the village and tied at one place by rope and some villagers remained there to guard them.