SUBHASH BALLU RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellant takes exception to the judgment and order of conviction dated 27/9/2002 passed by Adhoc Additional Sessions Judge, Yavatmal in Sessions Trial No. 6/2001 convicting the appellant for having committed offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code. The appellant was accused no.1 in Sessions Trial No. 6/2001 along with Vilas Rathod (accused no.2) and Ballu Rathod (accused no.3). The appellant has been sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/- and in default to suffer R. I. for two months for offence punishable under Section 302 of the Indian Penal Code. The appellant and other two accused have been found guilty for offence punishable under Section 323 read with Section 34 of the Indian Penal Code and sentenced to suffer R.I. for 7 days each and to pay fine of Rs. 500/- each in default to suffer R.I. for 7 days each.

(2.) Briefly, the case of prosecution is as under:- Ramesh Rathod (PW 2) was residing along with his parents, brother, wife and children at village Gondgawahan. All the three accused were residing in the neighbourhood of Ramesh. On 14.11.2000 at about 9.00 p. m. the appellant along with Vilas came to the house of Ramesh with a Koyata and a cycle chain respectively. Accused no.3 also came there and started claiming that they were paying tax of the house and, therefore, Ramesh and his family members should vacate the house. Ballu also threatened them with dire consequences in case they fail to vacate the house, whereupon Ramesh told them that said house was belonging to him. Thereafter all the three accused started throwing their utensils and domestic articles and Ballu started pelting stones and instigating Vilas to beat them. Shravan, the younger brother of Ramesh, his mother Sonabai and his daughter Kavita tried to intervene, whereupon Vilas assaulted Shravan by cycle chain. The appellant assaulted Sonabai with knife and caused injuries on her neck. Ballu assaulted Ramesh and his daughter Kavita with stones on account of which Ramesh sustained injuries on his head and Kavita also suffered injuries. Ramesh, on account of fear, went to the house of his cousin brother Govinda as family members went to the house of Nandu Rathod to escape from assault by the accused. On account of serious injuries suffered by Sonabai and Shravan, they remained in the house. Kasandas, the father of Ramesh being an aged person was sitting in one corner of the house.

(3.) During the trial, the prosecution examined seven witnesses and produced several documents. The accused did not adduce any defence evidence. After hearing both sides, the Trial Court convicted and sentenced the accused, as stated above.