MAHIPATI KRISHNA KARANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this appeal, the appellants have assailed the Judgement and order dated 25-1-1990 passed by the IIIrd Additional District and Sessions Judge, Kolhapur, in Sessions Case No. 34 of 1988, convicting and sentencing each one of them, in the manner stated hereinafter:-

(2.) IN short, the prosecution case runs as under. The informant Akkatai, P. W. 2 is the wife of the deceased Yeshwant and mother of Sukhdeo P. W. 3. The deceased Yeshwant and the appellants were residents of a common village namely Sambapur which was situate within the limits of Taluka Hathkanangale, in the District of Kolhapur. The evidence of Akkatai, P. W. 2 is that relations between the appellants and them were not bad. She stated that on 3-10-1987, at about 8 a. m. she and her son Sukhdeo P. W. 3 heard shouts to the effect Beat Beat catch catch. They saw that 10 to 12 steps from their house, the appellant Mahipati and Devappa with sticks, Akaram and Maruti with blunt side of axes, were assaulting Yeshwant. Akaram inflicted a blow with blunt portion of the axe on the head of Yeshwant who fell down as a result there- of. When Akkatai tried to intervene, Maruti from the blunt side of the axe, assaulted her on left hand and right leg. After assaulting Akkatai and Yeshwant, the appellants ran away.

(3.) THEREAFTER, Akkatai and Sukhdeo boarded a bus and on the same, came to M. I. D. C. Police Station. At the said police station, the same day at 9 a. m. Akkatai lodged her F. I. R. On its basis, police head constable Jalandar Patole, made an entry in the station diary and registered an offence at C. R. No. 64/87.