RAJENDRA JAGANNATH DHANGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Adhoc Additional Sessions Judge, Amalner, in Sessions Case No.46/2003. By the impugned judgment, the appellants have been convicted for offences punishable U/ss 307 and 324 read with Section 34 of the I.P.C. They are each sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs.3,000/-, in default to undergo further rigorous imprisonment for one (1) year for offence punishable U/s 307 read with Section 34 of the I.P.C. They are further sentenced to suffer rigorous imprisonment for a term of one (1) year and to pay fine of Rs.1,000/-, in default to suffer rigorous imprisonment for 15 days for offence punishable U/s 324 read with Section 34 of the I.P.C.

(2.) The incident giving rise to the prosecution occurred in the night of 24.6.2003. The incident of brawl is said to have taken an ugly turn resulting into severe injuries caused to informant - P.W. Narayan.

(3.) The prosecution case is that in the relevant night, one Subhash Patil, whose house is situated in the same lane, in which P.W. Narayan resides, was loudly shouting obscenities in front of his house. He was not giving abuses to anyone in particular. There was bad blood between the appellants and family members of P.W. Narayan (complainant) prior to the incident. It happened so that P.W. Narayan came out of his house in order to see as to why said Subhash was addressing obscenities. He reached near said Subhash. His son P.W. Jijabrao was already present there. By that time, the family members of Subhash Patil dragged him inside the house and closed the door. The appellants, who are original accused Nos.l to 3, rushed there. They misunderstood that Subhash was served liquor and was instigated by P.W. Narayan and his sons to abuse them. The appellants were armed with a Shingada, (wooden log of "Y" letter shape used to tie yoke or to rest the yoke of bullock-cart to keep it in horizontal position) and sticks. All of a sudden, appellant No.3 Chudaman dealt blow of wooden Shingada on head of P.W. Narayan. The other two appellants assaulted him and his sons by means of sticks. Due to the assault, P.W. Narayan was seriously injured and fell down. His sons were also injured. Some of the neighbours gathered there and rescued them. The injured were shifted to Rural Hospital at Chopda. Injured P.W. Narayan lodged oral report while he was in the Hospital for treatment. The appellant were arrested during course of investigation. A spot panchanama was drawn on the next day. The Police recovered two Shingadas, a stick and blood stained clothes of P.W. Narayan. On the basis of material gathered during course of the investigation, the appellants were charge-sheeted for offences punishable U/s 307 and 324 of the I.P.C.