STATE OF MAHARASHTRA Vs. BHIWA BILJI KOKARE

JUDGEMENT

(1.) State has preferred Criminal Appeal No. 317/91 to challenge the acquittal of the respondents in Sessions Trial No. 145/89, decided by Additional Sessions Judge, Amravati, by judgment dated 3. 4. 1991, by which all the respondents were acquitted of the charge for the offence punishable under Section 302 r/w Section 34 of the I. P. C. Criminal Revision Application No. 189/91 is filed by the applicant who is widow of the deceased Sonya to challenge the same judgment of acquittal of the respondents for the aforesaid offence.

(2.) Facts leading to the prosecution of the respondents, as alleged, can be stated in nutshell thus-Deceased Sonya Shivram Kokare, resident of village ambada, at about 6. 30 a. m. on 10th July, 1989, was proceeding towards Gujribazar. PW-9 Nana, his brother, was also proceeding towards Gujribazar for arranging the agricultural labours at the relevant time. Deceased Sonya and PW-9 Nana were amongst 7 brothers who were residing separately. When this PW-9 Nana was proceeding towards Gujribazar, he noticed Respondent Nos. 1, 2 and 3 with 9 others standing near the culvert bridge. He thought that they might be standing there for S. T. Bus going towards Morshi. When he was proceeding towards Gujri, his brother deceased Sonya was near telephone pole. It is alleged that at the relevant time this PW-9 Nana was ahead of deceased Sonya. He heard a shout melo Re Bapa . On hearing the said shout, he turned back and noticed respondents beating his brother Sonya. He started running towards his brother. At that time he noticed that respondents Hari, Ashok and one Raja had sticks in their hands, whereas respondent Bhiwa had a sabbal. They were hitting the deceased. PW-9 Nana came near deceased Sonya and with folded hands requested the respondents and the said Raja not to beat the deceased. But in vain. It is alleged that, at that time Ragho, rama, Kisna, Devji, Budha, Pandurang, Govinda and Bhimabai asked these 4 assailants to finish Sonya. Thereafter again these respondents and said Raja came near Sonya and assaulted him, in which he suffered serious injuries. At the time of assault, they also threatened this witness. It is alleged that Respondent Bhiwa had given sabbal blow on the head of the deceased, whereas respondents Ashok, Hari and that Raja gave sticks blows on his both hands and legs. This PW-9 Nana then partially lifted deceased Sonya. He tied the head injury of the deceased by his Dupatta. It is alleged that PW-1 Vithoba, who is brother of the deceased, had also seen the incident. Besides this, it is further alleged that PW-2 Hanifabi, PW-3 Baldeo, PW-11 Dadarao, pw-12 Ukandrao, PW-16 Maroti had also witnessed the said incident either wholly or in part. The information regarding the assault was given to the wife of the deceased i. e. PW-10 Changunabai, who came to the spot of incident. It is alleged that when she came to the spot of incident, PW-9 Nana was present on the spot and he had tightened the head injury of the deceased. It is the prosecution case that when this PW-10 Changunabai asked PW-9 Nana as to who had assaulted the deceased, he had told that respondents and one other i. e. 4 assailants had beaten him. Thereafter the deceased was taken in a matador to Morshi. The said Matador was given by PW-8 Faruq Ali. P. W-9 Nana and P. W-1 Vithoba had stopped this vehicle near Choufuli i. e. square and thereafter the said Matador was taken to police chowki of village Ambada. PW-1 Vithaba had knocked the door of the police chowki. Some constables were sleeping in the said police chowki. PW-13 PC Madhukar Dhawale and PW-18 ASI Gharde were at out-post ambada. Matador had stopped there. PW-9 Nana had come to the police chowki. It is alleged that he told that Sonya was assaulted. Thereafter the police officials saw the deceased in injured condition and advised by giving one Police Constable to take the said deceased to the hospital with requisition, the said Matador was taken to Morshi. At morshi also, considering the nature of injuries on the person of the deceased, he was asked to be taken to General Hospital, Amravati. Accordingly he was taken there, where he was treated but later on he expired.

(3.) Thereafter, post mortem on the dead body of the deceased sonya was carried out by PW-7 Dr. Sharma. According to Dr. Sharma, there were ante mortem injuries found on the dead body of the deceased which are mentioned in detail in Ex. 50 P. M. Report. He has also found some internal injuries on his person. The injuries found on his person included multiple fractures and fracture to the skull. In his opinion, deceased had died due to head injury with multiple injuries. The report was lodged by PW-1 Vithoba to the Police Chowki as per Ex. 25. It may be stated that it is the case of the prosecution that the police authorities at Ambada and Morshi had advised the brothers of the deceased to take him immediately to the Hospital, considering the seriousness of the injuries, for treatment and therefore, there was some delay in lodging the report.