STATE OF MAHARASHTRA Vs. VIJAY DORASWAMI PILLE

JUDGEMENT

(1.) THIS is an appeal filed by the State against acquittal of accused persons in Sessions Case no.456/98 by the IInd Addl. Sessions Judge, Pune.

(2.) THE case of the prosecution was that P.W.1 and his brother Ravi used to run a fabrication workshop at Kasarwadi, Pune. One Shekhar who is a distant relative of the complainant used to reside with the complainant and his other family members at Thergaon, Chinchwad. On account of the intervention of Shekhar, there used to be quarrel in the family and, therefore, on 31.7.1998 the complainant asked Shekhar to come to his workshop at Kasarwadi. Shekhar went to the workshop of the complainant. The complainant asked Shekhar to leave his house, but Shekhar refused to leave the house and started quarrelling with the complainant. Thereafter, Shekhar lodged a report with the police alleging that the complaint beat him. The police came to his workshop in order to make inquiry on the report of Shekhar. On the same day i.e. on 31.7.1998 the complainant went to his house and narrated the aforesaid incident to his brother Ravi. He asked his brother Ravi to go to the police station to know about the exact allegations made by Shekhar against him. The complainant at 9 a.m. on 1.8.1998 went to his workshop. His brother Ravi, the deceased, came to the workshop at about 1.00 p.m. While the complainant was talking to his brother, he noticed the accused persons and three more persons standing on the road at a distance of 20 ft. from his workshop. The complainant told his brother Ravi that the said persons were waiting on the road. The brother of the complainant asked the complainant not to bother about it. Thereafter, Ravi left the workshop at about 2.00 p.m. According to the complainant, the hut of the accused no.2 was at a distance of 15 to 20 ft. from his workshop. The said house was touching on the road. As soon as the complainant's brother Ravi left the workshop, the complainant heard the commotion near the hut of the accused no.2. On hearing the commotion, he went near the house of the accused no.2. When he reached there, he heard the "commotion" coming from inside the house. He tried to enter the house of the accused no.2. At that time, the accused no.2 came in front of his house and asked the complainant not to interfere in the quarrel being a family dispute. According to the complainant, the accused no.2 was armed with a sword. He pushed the accused no.2 inside the house and entered the house of Raju Bajalo. The complainant noticed there that his brother Ravi was caught hold of by the accused no.3. He was armed with a sword and the accused no.3 had put the sword on the neck of his brother Ravi. He also noticed one Shekhar Pille, Naresh Gurkha and Bhimsa Bajalo in the house of the accused no.2. According to the complainant, all these persons were also armed with sword and a weapon like sickle. The complainant asked his brother Ravi to leave the place. His brother asked the complainant not to leave the house. After some time, his brother Ravi escaped from the place, but he saw the accused persons chasing him and beating his brother Ravi with a sword and a weapon like sickle which has resulted in his death.

(3.) THE appeal is, accordingly, dismissed.