STATE OF MAHARASHTRA Vs. RAMESHWAR DEVIDAS JUNARE

JUDGEMENT

(1.) Respondents in both an appeal and the revision, were prosecuted for the offence punishable under section 302, 109, 307, 325 r/w 34, 147, 148, 149 of the Indian Penal Code on the allegations that on 16. 1. 1990 at about 8 a. m. accused No. 1 (respondent No. 1) Rameshwar, committed murder of one shivshankar Purushottam Junare by causing him fatal injuries by spear and all the respondents in prosecuting the common object of their unlawful assembly armed with deadly weapons caused hurts to ramesh Kisan Junare and Purushottam rambhau Junare, by such act if they had caused the death of these persons, they would have been guilty of murder. They were tried in Sessions Case No. 50/90, by the Additional Sessions Judge, Buldana. All of them were acquitted by his judgment dated 26. 7. 1993. The State has preferred an appeal against their acquittal, whereas the complainant Ramesh Kisan Junare and injured Rambhau Junare and father of deceased shivshankar have preferred the aforesaid criminal revision to challenge the said judgment.

(2.) Briefly stated prosecution case is that, all these respondents, hereinafter referred to as accused, are resident of Warud, Tq. Matola, Distt. Buldana. On 16. 1. 1990 at about 8 a. m. , there was some quarrel between p. W. 2 Purushottam Rambhau junare i. e. revision applicant No. 1, his son shivshankar (deceased) on one side and accused No. 1 Rameshwar on the other. The reason for quarrel was, accused No. 1 rameshwar had stored some stones, earth in the open space of the revision applicant purushottam for constructing a Gobar Gas plant. There was an incident of abusing at the instance of accused No. 1 Rameshwar to revision applicant (P. W. 2) Purushottam and deceased Shivshankar. It is alleged that at that time all the accused Nos. 1 to 5 formed an unlawful assembly and accused no. 1 was armed with a deadly weapon ballam i. e. spear. He inflicted its blow on the part of the body between neck and the chest of the said Shivshankar. He suffered severe injury and when he was being taken in bullock-cart to Borakhedi, on the way he died. It is alleged that accused No. 3 parasram had instigated accused No. 1 to inflict spear blow. It is also alleged that accused Nos. 2, 4 and 5 had attempted to murder the said Ramesh Kisan Junhare (P. W. 1) and Purushottam Rambhau Junare (P. W. 2) and while doing so they had caused grievous hurts to them by means of stones and sticks. P. W. 1 Ramesh Junare filed report in the Police Station Borakhedi about the incident. Offence came to be registered, the same was investigated by P. W. 9 P. S. I. Babusingh Thakur. Some part of the investigation was done by P. W. 10 P. I Palandurkar. The dead body of deceased shivshankar was sent for post mortem examination. Injured P. Ws were got examined from the Medical Officer. Inquest panchnama, Panchnama of scene of offence etc. were prepared. Accused persons were arrested; seized Muddemal was sent to C. A. for report and after due investigation, the charge-sheet was submitted in the Court of Judicial Magistrate, First Class, malkapur, who committed the case to the court of Sessions, Buldana.

(3.) When relevant charge was framed by the learned Additional Sessions Judge, buldana, it was explained to the accused. They pleaded not guilty. Defence of accused no. 1 is that he had inflicted the blow of bedlam on deceased Shivshankar because he was assaulted by him and other P. Ws. It is alleged that he had also suffered injuries because of the use of sticks, spear at the instance of Shivshankar, his father purushottam and P. W. 1 Ramesh. The defence of accused Nos. 2, 4 and 5 is that they had come to intervene in the quarrel between the parties, whereas accused No. 3 has claimed that he had been falsely involved.