STATE OF MAHARASHTRA Vs. SUMANBAI

JUDGEMENT

(1.) The appellant, State of Maharashtra, is taking exception to the judgment of acquittal of the respondents in Sessions Case no. 72/1991 decided by Sessions Judge Buldana, on 18-1-1995 by which he acquitted the respondents of the offences punishable under sections 302, 452, 337, 324 read with section 34 of the Indian Penal Code and sections 147, 148, 302, 452, 337, 324 read with section 149 of the Indian Penal Code and section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The respondents were prosecuted for the aforesaid offences on the allegations that deceased Sukhdeo Maroti Ingle and deceased Jaipalsing ukhardasing Rajput were the residents of village Nimbari. Sukhdeo's son prithwikant had affair with the daughter of Jaipalsingh. About three months prior to the incident in question, the said son of deceased Sukhdeo had eloped with anita, daughter of Jaipalsing and since then the relations between the members of family of deceased Jaipalsing and that of deceased Sukhdeo became strained. Deceased Jaipalsing and his family members had taken this incident very seriously and insulting; as deceased Sukhdeo belonged to Scheduled Caste. It is alleged that deceased Jaipalsing and members of his family (respondents) were threatening deceased Sukhdeo saying that they would also kidnap his daughter in revenge. Being frightened, deceased Sukhdeo had left the village Nimbari along with his family members and started living at Shegaon with his elder son chandraprakash, who was incidentally in police department. On 15-1-1991, sukhdeo, his daughter Vijaya and his wife Indubai left Shegaon for going to malkapur to collect pension amount. Deceased Sukhdeo was the retired police constable. On the way, Vijaya (P. W. 4) got down at Chandur Biswa, her uncle's village. Deceased Sukhdeo and Indubai (P. W. 7) started proceeding ahead. After collecting pension amount, they returned to Chandur Biswa and all of them stayed there. On the next day, deceased Sukhdeo, P. W. 7 Indubai and P. W. 4 vijaya and Vijaya's uncle's two daughter Jyoti and Sunita started going to village Nimbari. They were proceeding towards their house. At that time they were seen by Chandu, son of Jaipalsingh. He was sitting by the side of the road answering nature's call. It is alleged that this Chandu on seeing these persons, ran towards his house. He also abused them. Deceased Sukhdeo, P. W. 7 Indubai and two daughters of Vijaya's uncle reached their house. At that time deceased jaipalsing, his wife Suman (respondent No. 1) , his daughters Sunita (respondent no. 2) , Mayabai (respondent No. 5) , Padma, his sons Harpalsing (respondent No. 3) , Chandu and his brother Gopalsingh (respondent No. 4) came there. It is alleged that deceased Jaipalsing, Dhannu, Chandu and Gopalsing were armed with sticks. Respondent No. 3 Harpalsing was possessing an axe. All of them insulted deceased Sukhdeo and his family members saying that they are defecating in a plate in which they dine. Thereafter P. W. 7 Indubai warned them saying that they should have taken care of their daughter. Hearing this, deceased jaipalsing delivered a blow of stick on her head. She sustained bleeding injury. Again all the respondents threatened them. All the respondents and other juvenile accused pushed the members of the family of Sukhdeo. Deceased Sukhdeo requested all the respondents and juvenile accused not to beat them. He asked p. W. 7 Indubai to go to police station to give information about the incident, so p. W. 7 Indubai left the place for going to police station. It is alleged that thereafter respondent No. 1 Suman pushed deceased Sukhdeo who was standing on the steps of the door. Respondent No. 3 Harpalsing gave blow with an axe on the head of deceased Sukhdeo. On receiving blow with an axe, deceased Sukhdeo fell on the ground. Thereupon, respondent No. 4 Gopalsing gave beating to sukhdeo with stick, so also other accused pelted stones. It is alleged that respondents Harpalsing, Gopalsingh and Suman dragged deceased Sukhdeo towards the house of deceased Jaipalsing. At that time one tractor loaded with sand came to pass from that place. Number of villagers had gathered there. They advised P. W. 4 Vijaya to leave the place saying that otherwise (Deceased) Jaipalsing, the respondents and other accused would kill them. Thereafter P. W. 4 vijaya boarded in tractor along with the daughters of her uncle and started proceeding towards Malkapur. On the way, her mother Indubai was noticed. She also joined them for police station. On going to Police Station, they gave information to the police that Rajputs' (respondents) were beating Sukhdeo. At that time P. W. 4 Vijaya was sent back with police staff to village Nimbari and p. W. 7 Indubai was sent for medical examination. When Police staff and P. W. 4 vijaya came to the spot of incident, they noticed dead body of Sukhdeo with several injuries in front of the office of Gram Panchayat. Thereafter P. W. 4 vijaya was brought to police station Malkapur, she lodged report there.

(3.) On the basis of that report, crime was registered for the aforesaid offences and investigation was conducted. During investigation, inquest panchanama was prepared in presence of P. W. 2 Vishnu Ganpat Sapkal (Exh. 55) , so also spot panchanama as per Exh. 53. The dead body was sent for post-mortem examination. Accordingly P. W. 8 Dr. Annapurna Subramanyam conducted autopsy on the dead body. The report of post-mortem examination is at Exh. 77. According to her, the deceased had died due to injuries mentioned in P. M. note. Particularly Injury Nos. 3, 4 and 6 individually and collectively were sufficient to cause his death in the ordinary course of nature. She has mentioned the cause of death as multiple grievous injuries over the head and neck causing fracture skull bones and injury to brain matter and injury to tracheal rings leading to severe haemorrhage and sudden cardiac respiratory arrest.