RAJU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in Criminal Appeal 616/2002 seek to assail the judgment and order dated 23.10.2002 passed by the 1 st Adhoc Additional Sessions Judge, Wardha in Sessions Trial 45/1998, by and under which, the appellants (hereinafter referred to as the accused) are convicted for offence punishable under Section 324 and 325 read with Section 34 of Indian Penal Code (' IPC ' for short) and are sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs.500/- for offence punishable under Section 325 read with Section 34 of IPC and are further sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs.500/- for offence punishable under Section 324 read with Section 34 of the IPC. Criminal Appeal 78/2003 is preferred by the State which contends that the accused deserve to be convicted for offence punishable under Section 307 of the IPC.

(2.) The case of the prosecution as is unfolded during the trial is thus: Accused 1 Raju Kapse, his father accused 2 Uttam Kapse and Uncle Sambha Kapse and the injured victim Pandurang Mohod are residents of the same locality in village Kutki, Tahsil Hinganghat, District Wardha. The families of the accused and the injured Pandurang were on inimical terms, in view of a dispute pertaining to agricultural land.

(3.) The incident occurred on 28.11.1997. Pandurang Mohod had gone to Nagpur to repair an electric motor. His elder brother Ramesh and younger brother Dilip and father Bhaurao had gone to the agricultural field. Injured Pandurang returned from Nagpur and was in the court-yard of his house attending to bullocks. In the interregnum, Bhaurao Mohod had returned from the agricultural field at 05:00 p.m. and Ramesh was back with bullock-cart loaded with cotton at 07:45 p.m. Accused Raju and Uttam swooped on the court-yard of the injured and bodily lifted the injured Pandurang and brought him in the court-yard of their house between 08:00 p.m. to 08:30 p.m. Accused Sambha was already present in the court-yard. The elder brother of injured Pandurang, Ramesh was informed by his wife Chhaya and sister-in-law Mira that Pandurang was taken by the accused to their court-yard. Ramesh followed the accused to their court-yard and requested them to let go Pandurang. The accused did not pay any heed and assaulted Pandurang by fists and kick blows and then by lathi. Accused Sambha fetched axe and sword from the house and handed the weapons to accused Raju and Uttam while retaining the lathi. The accused assaulted Pandurang Mohod on his head, shoulder, hands and thigh. Accused Raju who was yielding the sword inflicted severe blows on the ankle of both the legs of injured Pandurang and the injuries suffered were so serious that both the feet from below the ankle portion were attached to the body only with the skin. Chhaya Mohod who reached the scene tried to intervene, she was shoved and beaten by the accused and she sustained injuries. Dilip Mohod the other brother of the injured returned from the field and was asked by Ramesh, sister Mira and sister-in-law Chhaya to keep away from the scene of the incident. Ramesh Mohod along with his wife and father reached Police Station Wadner and reported the incident. PSI Anil Kinge with staff and Ramesh Mohod and others reached the scene of the incident, Pandurang was referred to Rural Hospital, Wadner and was examined by Dr. Gowardhan Dudhe. Pandurang was then referred to Mahatma Gandhi Institute of Medical Sciences, Sewagram for further treatment. The oral report lodged by Ramesh was reduced to writing and crime 100/1997 was registered in Police Station Wadner. PSO Shri Anil Kinge prepared the spot panchnama, seized axe, lathi from the spot, a large stone stained with blood, earth mixed with blood, plane earth, bones and red colour bangles were also seized from the spot. The house of accused Raju and Uttam was searched and a lungi and dhotar stained with blood were seized. A baniyan was seized from accused Uttam and another baniyan was seized from Sambha, which had blood stains. The clothes of victim Pandurang were seized.