NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 29/09/2017 rendered in Sessions Trial Case No.25/2007 by the Additional Sessions Judge, Pusad, District Yavatmal, this appeal has been preferred by the appellant.

(2.) The appellant as well as the injured person were residents of village Amdapur, Tahsil Umerkhed, District Yavatmal. Both were agriculturists owning agricultural lands, which were adjoining to each other. The way to the field of the injured person Kailash Zamre passed through the field of the appellant. Few days before the incident, which took place in the night of 10/02/2007 at village Amdapur, the appellant, it is alleged, had closed the usual access to the field of the injured person and provided some other way, which was a circuitous route. This was protested by the injured person and his family members, which ultimately led to a civil dispute, being filed before the Civil Court at Umerkhed. It is alleged that because of pendency of this dispute, the appellant had a grudge against Kailash Zamre.

(3.) In the night of 10/02/2007 at about 09:00 p.m., Kailash Zamre took out his motorcycle for going to village Shirmal. At the village Chaodi, which is a prominent square in the village, Kailash Zamre stopped his motorcycle. He purchased Bidi and before kick starting the motorcycle, he checked for the fuel. At that time, the appellant hiding somewhere nearby, suddenly appeared from the backside of Kailash Zamre. He had covered his body with a bed-sheet or a blanket. He was also armed with an axe, which he kept concealed inside the cover. He pounced upon Kailash Zamre and dealt blows of axe to his head, neck and shoulder. Kailash Zamre sustained bleeding injuries and collapsed on the ground. He also shouted for help. There were some persons present at the Chaodi. They included Manikrao Torkar and Sukhdeorao Zamre. They came running and rescued Kailash Zamre. Manikrao Torkar put up resistance to the appellant. He snatched the axe from appellant's hands. Then, the appellant ran away from the spot of incident. Kailash Zamre was initially taken to the hospital at Phulsawangi, then to Yavatmal and finally to Nagpur, where he remained admitted for a considerable period of time.