BABAN LAXMAN WAGHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants have impugned the Judgment and order dated 6-9-1990 passed by the IV Additional Sessions Judge, Pune, in Sessions Case No.204 of 1988, whereby they have been convicted and sentenced in the manner stated hereinafter:-

(2.) IN short, the prosecution case is that one Dilip Kumavat who was a tenant of informant Digambar Tupe, PW 1 was having a love affair with Shobha, sister of the appellants-Baban and Ashok. This irked the appellants. A day before the incident i.e. on 12-7-1987, at about 11.30 p.m. the appellant-Baban and Ashok, who are real brothers inter-se along with first cousin, acquitted accused Kacharu Vithal, went to the house of Dilip Kumavat and started beating him. On hearing the cries, the informant and his brother Shivaji came, and prevented Dilip Kumavat from being assaulted. This is alleged to have infuriated Baban, Ashok, their cousin Kacharu and their father, Laxman. The next day on 13-7-1987, at about 6.15 p.m., when the informant was standing in front of his house, the appellants who were residing in the neighbouring house, of one Dnyanoba, came along with the acquitted accused Kacharu. The appellants Laxman and Ashok were armed with iron bars and the other two were empty handed. They enquired from the complainant, as to why he had intervened while they were assaulting Dilip Kumavat, a day before. The answer of the complainant let by gones by bygone, did not satisfy them. Thereafter, appellant-Laxman with iron bar assaulted the complainant on his head and Kacharu started inflicting blows with fists on him. Hearing his cries, his brother Shivaji and his brother Chandrakant's wife, Prabhavati, came. The appellant-Laxman gave a blow with a iron bar on Prabhavati's hand and the appellant Baban hurled a brick on the occipital region of Shivaji. It is also said that the appellant-Laxman threw bricks towards the mother of the complainant who had also reached the place of the incident.

(3.) SINCE the condition of Shivaji was precarious, the family members took him to the Ruby Hospital, Pune, and got him admitted there. The evidence is that he succumbed to his injuries in the said hospital, on 18-7-1987. It may be mentioned that no doctor of the said hospital has been examined.