BALDEV BALIRAM LONARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal preferred by the original accused Nos. 1,2,3 and 5 being aggrieved by the judgment and order passed by the Adhoc Additional sessions Judge, Amalner in Sessions Case No. 10 of 2005 decided on 27th February, 2006, whereby the accused/appellants were convicted of offence punishable under Section 302 r/w 34 of the I. P. C. , section 307 r/w 34 of the I. P. C. and Section 324 r/w 34 of the I. P. C. Each accused is sentenced to suffer imprisonment for life and fine of Rs. 2000/-for offence under Section 302 r/w 34 of the I. P. C. ; rigorous imprisonment for five years and fine of rs. 1000/-for offence under Section 307 r/w 34 of the i. P. C. and rigorous imprisonment for one year and fine of Rs. 500/- for offence under Section 324 r/w 34 of the I. P. C. Various terms of imprisonment in default of payment of fine amounts were also awarded.

(2.) IT is a case of triple murder and the facts leading to the case may be stated in brief as follows:. It is no more disputed that appellant No. 2 Baliram is the father of appellant No. 1 - Baldev and appellant No. 3 - Vinayak and husband of appellant No. 4-Sojabai. Sojabai is original accused No. 5. Original accused No. 4-Yogesh Marathe is acquitted of all the offences charged. The accused reside at turatkheda. Deceased Subhash is father of Vasudeo (P. W. 10 ). P. W. 13-Babulal and P. W. 8-Sharad are brothers of deceased Subhash. Deceased Jamu was distant cousin brother of Subhash. Deceased Pramod is son of deceased Jamu Pawar. The relations of the injured and the deceased persons on one hand and accused on the other hand were strained. Appellant no. 2-Baliram had filed a suit against injured p. W. 8-Sharad and others. The land of accused/appellant No. 2 - Baliram is adjacent to the land of P. W. 13-Babulal. There was dispute over the boundary.

(3.) ON 19. 10. 2004 in the afternoon a bull owned by deceased Subhash entered the land of accused Baliram. At that time there was exchange of words between p. W. 13-Babulal and accused No. 1-Baldev. On the same day i. e. on 19. 10. 2004 at about 7=00 to 7=30 p. m. , appellant No. 2 and his sons - appellant No. 1 Baldev and appellant No. 3 Vinayak started abusing P. W. 13 Babulal, p. W. 8 - Sharad and others. Appellant No. 4-Sojabai was also present there. On hearing the abuses it is said that deceased Subhash, deceased pramod, deceased Jamu, Vasudeo, Babulal and Sharad went to question the appellants regarding the abusing. It is prosecution case that they had gone to persuade the appellants not to abuse them. The house of the appellant is in a lane. The house of Pitambar (P. W. 11) is on the opposite side of the house of the appellants in same lane. The incident had taken place in the said lane. It is prosecution case that appellant No. 1 - Baldev had at that time inflicted blows with knife to Jamu, Pramod and Vasudeo (P. W. 10)on their stomach and back; whereas appellant No. 2 baliram inflicted injuries with knife on Subhash pawar, Sharad (P. W. 8) and Babulal (P. W. 13 ). Thereafter, they ran away. It is said that the injured had fallen down and thereafter appellant No. 3 vinayak beat all of them with stick. At the time of the incident appellant No. 5 - Sojabai was extorting other appellants to attack and kill the injured.