STATE OF MAHARASHTRA Vs. SHRAWAN UMARAJI SHIVARKAR

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 10/04/2012 passed by the Additional Sessions Judge, Yavatmal in S.T. No.80/2009, the appellant/State of Maharashtra has filed the present appeal challenging the acquittal of accused Nos.1 and 2 for the offence punishable under Sections 307 , 504 , 506 r/w Section 34 of the Indian Penal Code. The brief facts of the case are as under :-

(2.) The complainant PW-1 - Chandrabhan Gulabrao Shivarkar, R/o Sawargaon lodged the report in the Police Station, Kalamb. In the report, it is alleged that the accused No.1 - Shrawan Umaraji Shivarkar, aged about 57 years, who is his cousin and Umesh Shrawan Shivarkar, aged about 25 years, who is his nephew. Both the accused are residing near his house. It is the case of the prosecution that the complainant had sold his land admeasuring 40 x 16 sq.ft., situated at backside of his house to the accused No.1 for consideration of Rs.20,000/- by a registered Sale Deed. The remaining land admeasuring 16 sq.ft. was purchased by the accused from his father - Gulab Damuji Shivarkar by taking advantage of his illiteracy. According to him, he has kept wood in his remaining land i.e. admeasuring 16 sq.ft.

(3.) According to the prosecution on 15/02/2009 at about 7.30 p.m., the accused persons came on the spot and asked to vacate the said land saying that the land has been purchased. They picked up quarrel with his wife namely; Sau.Chandabai Chandrabhan Shivarkar, aged about 40 years and his mother - Sau. Gunabai Gulabrao Shivarkar, aged about 60 years. They have given abuses to them in a filthy language. The accused No.2 given blow with an axe on the head of his wife and also assaulted on her back, as result of which, she sustained bleeding injury. When his mother intervened, the accused No.1 by taking same axe given blow on the head of his mother and also caused bleeding injury. According to the prosecution, the complainant came to know about the said incident and thereafter, along with his father, immediately came to his house. The neighbourers namely Anil Babarao Ashtankar, Dilip Rambhau Deshmukh, Waman Gomaji Shivarkar and Manoj Mahadevrao Bhagat had taken the injured to the Primary Health Centre at Sawargaon for medical treatment. Thereafter, the Medical Officer, Primary Health Centre, Sawargaon referred the injured to the Rural Hospital, Kalamb for further medical treatment. The injured were brought to the Police Station, Kalamb by private vehicle and they were immediately sent to the Rural Hospital at Kalamb. In the hospital, the treatment was given. The complainant, thereafter went to the Police Station and lodged the report against the accused persons.