EKNATH RAMDAS MOTGHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant nos. 1 to 3 namely Eknath s/o. Ramdas Motghare, Bablu @ Pradeep s/o. Ramesh Kawale and Dewanand s/o. Vishwanath Chandankhede respectively in Criminal Appeal No.239 of 2003 have filed the said appeal against their conviction for the offence punishable under Section 304-II of the Indian Penal Code by the Adhoc Additional Sessions Judge, Yavatmal in Sessions Trial No.33 of 1998.

(2.) Criminal Appeal No.490 of 2003 is filed by the State challenging acquittal of accused nos. 1 to 6 of the offence punishable under Section 302 of the Indian Penal Code.

(3.) The case of the appellants in both the appeals, in short, is as under : Agricultural land of accused Vishwanath Chandankhede was adjacent to the field of deceased Eknath Meshram. They used to quarrel with each other on account of boundary of the field. Accused Ramdas used to graze his goats in the field of deceased and there was a quarrel between them on that count. House of accused Vishwanath and accused Ramdas Motghare are by the side of house of deceased. On 2.9.1997, on the next day of Pola (Badga), at about 5.00 p.m., deceased Eknath was standing in the courtyard of his house. At that time, accused Eknath, Devanand and Bablu came in front of the house of deceased. They all were under the influence of liquor. They suddenly came close to the deceased and started beating him with fist and kick blows. Accused Bablu and Devanand were having sticks (tutari). Accused Eknath was having weapon like knife. Son of deceased namely Prashant and his mother tried to intervene. They snatched the sticks from the hands of accused. Accused Bablu and Devanand threw sticks in the courtyard.