SHIVAJI KERU KOLAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who are original accused nos.1 and 2 in Sessions Case No.22 of 2000, were convicted by the IVth Additional Sessions Judge for the offences punishable under Sections 324 read with Section 34 of the Indian Penal Code and were sentenced R.I. for one year and to pay a fine of Rs.500/- each. The appellant no.1, Shivaji Keru Kolape was also convicted for the offence punishable under Section 304 (II) of the Indian Penal Code and was sentenced to undergo R.I. of 7 years and to pay a fine of Rs.1,000/-. The appellants have challenged the conviction and sentence.

(2.) To state in brief in all 6 accused persons including the present appellants were put to trial for the offences punishable under Sections 147, 148, 302, 324 read with Section 149 of the Indian Penal Code. Out of them, accused nos.3 to 6 were acquitted as no case was made out about unlawful assembly with any common object. However, only present appellants were convicted as stated above.

(3.) The prosecution case in brief is that the deceased Sampat Baba Kolape was resident of Village: Sangam Mahuli, Taluka and District Satara. His wife, sons, daughter and their children also lived together with him. The accused nos.1 and 2 are brothers interse and they also reside near the house of Sampat Kolape. They were also having agricultural land adjoining to land of Sampat. Admittedly, there was a long standing dispute and enmity between the two parties. In 1986 a civil suit was filed by deceased Sampat Kolape and his brother against accused nos.1 and 2 and others for removal of encroachment and possession of part of that land. That suit was decreed against accused nos.1 and 2 by the judgment passed in 1996. Against that Judgment, the defendants/accused nos.1 and 2 had preferred an appeal which is pending. According to the prosecution on 26-5-1999, accused nos.1-Shivaji and no.2-Baba uprooted recently planted mango trees from the land of Sampat. They also cut down one Babool and one Bhokar tree from the land of Sampat without his consent. About that incident Sampat Kolape lodged a report with the police. Due to this, accused nos.1 and 2 were annoyed. The incident of this case occurred on 28-05-1999 between 5.30 to 5.45 a.m. near the houses of these two parties. According to the prosecution on that day at about 5.30 a.m., Sampat Kolape was present near a hearth for heating water at the shed of his house. At that time, his elder son Sopan alias Tatyaba, P.W.6 came from land at Patkhal carrying milk. Sopan alias Tatyaba went near his father who was in the shed. He saw both accused persons and some ladies from their family standing in front of their house. Therefore, Sopan asked them as to why they had uprooted mango trees and cut other trees from his land. He also told them that he would also uproot and cut trees from their land. On this, accused no.2-Baba Kolape uttered that his father had already made a complaint with the police, so he could do whatever he liked. Saying so, accused no.2-Baba Kolape went inside the house and came back with Shivaji Keru Kolape-accused no.1. The accused no.1 was armed with an axe in his hand and Baba Kolape-accused no.2 was armed with stick in his hand. Accused no.2-Baba Kolape started abusing and beating Sopan/Tatyaba. Sampat Kolape intervened to pacify the accused persons but accused no.1-Shivaji Kolape firstly gave a blow with the blunt side of an axe on the back of Sampat and immediately, thereafter he gave the second blow on his head with sharp side of an axe. Due to this Sampat suffered bleeding injury on the head and collapsed on the ground. It was alleged that other female accused persons namely, Sangita, Anita, Laxmibai and Mangal also pelted stones and injured Sopan @ Tatyaba, who was sitting down due to beating to him. Sopan also suffered bleeding injury. Rajendra, son of Sampat, called one autorickshaw and Sampat and Sopan both were taken to Civil Hospital, Satara for treatment. Both were examined. Sampat was admitted in the hospital. His statement was also recorded by the police. Initially Crime No.240/1999 was registered for the offences punishable under Section 143, 147, 148, 307 read with Section 149 of the Indian Penal Code. On 29-5-1999 Sampat died because of the head injury and Section 302 came to be added.