RAGHUNATH KRISHNA MUJUMALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the original accused from the order of the learned Additional Sessions Judge, Pune, (Shri S.S. Pathak) convicting them under sections 302/34 and 323/34 I.P.C. and sentencing them to life imprisonment and R.I. for six months and a fine of Rs. 300/- or in default R.I. for one month on the two counts.

(2.) The first three appellants- Raghunath, Popat and Baban-are real brothers. Appellant No. 4 Leelabai is wife of the 1st appellant. The deceased Laxman Ramchandra Mujumale is their Kinsman. The incident in question occurred at Kondhapur, Haveli Taluka in Pune District on 5th February, 1983 around 9 in the field of one Baban Gangaram Mujumale (hereinafter called B.G.M. to distinguish from appellant No. 3). The appellants own agricultural land at village Kondhapur. They have their residential hut in the land itself. To the North of this hut at a distance of about 50 feet is situated a well. To the further North of the well, is the land of the deceased. There he used to reside in his hut with his wife Indubai (P.W. 2), mother Laxmibai (P.W. 3) and his children. Admittedly the appellants and the deceased were owners of the well. Both sides had right to take water from it to irrigate their respective fields.

(3.) The prosecution case is that on the fateful morning, the deceased had gone to the well along with his wife and mother. While he was arranging the implements on the well for drawing water from it, the four appellants were seen by his wife Indubai coming running towards the well. Appellants Nos. 1 and 4 were armed with sticks and appellants 2 and 3 with iron bars. As soon as Indubai saw these persons, she alerted the deceased to run away from the well. The deceased fled to the field of B.G.M. He got stuck up in that field in the wal crop and fell down. The four appellants are alleged to have mercilessly battered him to death with their weapons. While the assault was still in progress, the prosecution allege, appellant No. 3 suddenly went running to his hut and fetched an axe. He is said to have given a few blows with it on and around the head of the deceased. Indubai and Laxmibai in vain tried to save him. In the process the two women themselves received blows from the appellants. The deceased breathed his last on the spot itself.