STATE OF MAHARASHTRA Vs. HIMMAT SUKHADEO WAHURWAGH

JUDGEMENT

(1.) The State has challenged the acquittal of the respondents (hereinafter referred to as "the accused") of the offences punishable under sections 147, 148, 149 read with 302 of the Indian Penal Code by the additional Sessions Judge, Akola in Sessions Trial No. 124/1989 by judgment dated 20-2-1991.

(2.) Accused Nos. 1 to 5 are real brothers. Accused No. 6 is the father of accused Nos. 7 and 8, All of them belong to Wahurwagh family and are residents of village Panaj, P. S. Akot, District- Akola.

(3.) On 11-6-1989 around 4. 00 p. m. Babarao Kolhe, Jaideo Kolhe and PW 1 sanjay s/o Babarao Kolhe had gone to their field known as "melache wavar" by bullock-cart for ploughing the land. They ploughed the land till 6. 00 p. m. Thereafter they started returning to their home by bullock-cart. Jaideo was driving the cart, Babarao and PW 1 Sanjay were sitting in the cart. They had crossed about half of the way towards their house. When they reached near the well situated in the field of Vishwanath Akotkar, around 6. 30 p. m. the accused persons surrounded the cart. Accused No. 1 Himmat, accused No. 2 Siddharth and accused No. 4 Anil were holding axes and the rest of the accused persons were holding sticks. All of them assaulted Babarao and Jaideo. PW 1 Sanjay escaped from the scene. The bullocks ran away with the cart.