RAMJI JIRANGA PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Ramji Jiranga Pawar (accused No. 1), Atya Jiranga Pawar (accused No. 2), Isrya Jiranga Pawar (accused No. 3), Arsh Jibhala Choudhari (accused No. 4 ). Sega Bhamta Naik (accused No. 5), Manjya Jiranga Pawar (accused No. 6), Parbatsing Jiranga Pawar (accused No. 7) and Dwarka Bhusadya Pawar (accused No. 8) were prosecuted for the commission of offence punishable under section s 143, 147, 148, 302, 326, 324, 504 and 506 r/w. 149 of the Penal Code for having committed murder of Kalsya and causing injuries to his father Raija Niaka Walvi and uncle Vanya Naika Walvi. Accused nos. 2, 3, 4 and 5 were acquitted of all the charges levelled against them. Accused No. 1 is convicted for the offences punishable under section 324 of IPC. He is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs. 2,000/ -. Accused No. 6 is convicted for the offence punishable under section s 302 and 324 of IPC. He is sentenced to suffer imprisonment for life and to pay fine of Rs. 5,000/- for the first offence and to suffer rigorous imprisonment for three years and to pay fine of Rs. 2,000/- for the second offence. Accused No. 7 is convicted for the offence punishable under section 323 of IPC. He is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1,000/ -. All the sentences carry stipulation for non payment of fine. Accused nos. 1, 6, 7 and 8 have filed the present appeal challenging propriety of the order of conviction and sentence dated-30th March, 2005 passed by Additional Sessions Judge, Shahada.

(2.) Complainant Raija Naika Walvi (P. W.1) is native of Ambapada which is part of Modalgao, Taluka Akrani; District Nandurbar. Accused nos. 1, 2, 3, 6 and 7 are brothers. They are also natives of Modalgao. Appellant No. 2 had filed a complaint with Mhasawad Police Station against P. W.1 alleging that he had accused his mother to be a witch. Thus, both the parties were called to Police Station. They were to go to Mhasawad via Dhadgao. It was decided that both parties should meet each other at Dhadgao for settlement of the dispute. P. W.1 came to Dhadgao with his brother Vanya (P.W.4), son Kalsya @ Kalla (deceased), daughter-in-law Indirabai, nephew Magtya Motya Padvi (P.W.5) and some residents of Modalgao. Some of his relatives from Bhujgao and Kuktar were to join him at Dhadgao. Appellants also came to Dhadgao in a private jeep with their brothers and relatives. Both the parties met each other at open place in front of Sainath Medical Stores at about11. 45 a. m. The parties could not settle disputes between them. During the course of parleys, there was exchange of words between members of the rival groups, which aroused passion and led to a sudden fight. During exchange of words, appellant no.2 inflicted knife blow on the lumber region of the deceased. The deceased fell down on sustaining bleeding injury. When P. W.1 and P.W.4 intervened, appellant no.2 dealt knife blow on the left side of the back of P.W.4 and appellant no.4 dealt stick blow on his back. Appellant no.1 dealt blow with iron rod on the head of P. W.1 and appellant no.3 hit him on the back. Others threatened members of the complainant's party with dire consequences. After the incident the injured were taken to Rural Hospital by their relatives.

(3.) After taking over the investigation, P.W.7 came to the hospital and held inquest (Ex.62) over the dead body of Kalla and made a request to the medical officer to conduct postmortem. During the postmortem P.W.6 found that the deceased had sustained stab wound of the size 6 x 2 x 6 cms. over right lumber region beneath the ribs by sharp cutting weapon. The injury had resulted in rupture of right lower lobe of the liver and had cut the kidney and the blood vessels, which resulted in profuse bleeding. The autopsy surgeon noted the external and internal injuries in the postmortem report (Ex.72) and opined that the death is caused on account of the hemorrhagic shock due to injuries to the vital organs.