STATE OF MAHARASHTRA Vs. KALLAPPA DEVU GIRMAL

JUDGEMENT

(1.) This is an appeal of the State taking exception to the acquittal of a man and wife who were charged for the alleged commission of an offence punishable under section 302 read with section 34 of the I.P.C.

(2.) The prosecution case is that deceased Parisha Babu Girmal and accused No. 1 Kallapa Devu Girmal are first cousins being agriculturists and residents of village Abdul-Lat, Taluka Shirol, District: Kolhapur. Relations between the cousins were seriously strained, there having taken place a number of incidents and differences which led to the institution of case and counter-cases in civil as also Criminal Courts. To make matter worse, the lands they owned or at least some of them are so situated as to occasion further disputes. Accused Nos. 1 and 2 have a son by the name of Kumar.

(3.) On 15th April, 1979 Parisha on the one hand and the accused along with their son Kumar on the other, were working in their respective lands. At about 11.00 a.m. Parishas work being over, he started on the way back to his house in the Gauthan, upon a cycle to the back carrier of which was strung a bundle of grass. Just then came the accused together with their son Kumar. All of them were armed, accused No. 1 carrying an axe, accused No. 2 a sickle or scythe and Kumar a stick. The deceased was given a severe beating and he sustained many injuries. This incident was witnessed by P.W. 7 Appu and P.W. 8 Annappa and Bhupal Chougule-the last named person having expired very soon after 15-4-1979. The two witnesses Appu and Annappa implored the accused and Kumar to be merciful unto the deceased, but to no avail. Eventually, the beating came to an end when Parisha fell down. A taxi was fetched and Parisha was taken to the Zilla Parishad dispensary at Kurundwad. The Doctor there gave first aid and passed on Parisha to the Civil Hospital at Sangli. As soon as he arrived Parisha was examined by Dr. Kamble (Exhibit 27) and sent to the operation theatre. The operation was performed by the honorary Surgeon Dr. Chopade. In view of the pus collection in the chest wall and the congestion of the lung, the patient was given high doses of anti-biotics. The patient did not survive and on 22-4-1979 passed away. To go back a little, Parisha was examined by the police and his statement was recorded at Exhibit 35.