HANSRAJ JOGESHWAR URADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge is to the judgment and order dated 24.6.2004 rendered by the 1st Adhoc Additional Sessions Judge, Gadchiroli, in Sessions Case 36 of 1993, by and under which the appellant (hereinafter referred to as "the accused") is convicted for offence punishable under section 304 part II of the Indian Penal Code (" IPC ") and is sentenced to suffer rigorous imprisonment for five years and to payment of fine of Rs. 1000/- and is further convicted for offence punishable under section 324 of IPC and is sentenced to suffer rigorous imprisonment for two years and to payment of fine of Rs. 500/-. The accused is however acquitted of the offence punishable under section 302 of the IPC.

(2.) Heard Shri A.K. Bhangde, the learned counsel for the accused and Shri V.P. Gangane, the learned Additional Public Prosecutor for the respondent / State.

(3.) The prosecution case, as is unfolded in the course of the trial is thus: Deceased Sukhdeo Dewaji Zade and the accused were residing in village Darpanguda. The incident occurred on 28.8.1992, the day following Pola. The villagers purchased a goat from Police Patil, the goat was killed and the list of villagers desirous of purchasing the meat was prepared. Sukhdeo Zade could not get a share in the meat for which he blamed his wife and quarreled with her. Anita Zade, the sister in law of the deceased invited the deceased Sukhdeo to have meals at her house. At 11.00 am, the deceased accompanied by his son Bandu and sister in laws Anita and Manjulabai was proceeding towards the house of Anita. When they were so proceeding, the accused came out of his house armed with Ubhari (stump of bullock cart) and dealt a blow on the head of Sukhdeo Zade who fell down. The accused dealt two blows of Ubhari on the side of chest. Bandu, the son of Sukhdeo Zade who intervened to save his father from assault, suffered one blow of stick on his shoulder. One Prakash Gedam came to the spot and snatched the ubhari from the accused. An injured Sukhdeo was taken to the police outpost Ghot where he lodged the oral report (Exh. 28), the gist of which is that the accused assaulted him with Ubhari and Kisan Gedam, Namdeo Urade and Sadashiv Urade also attempted to assault him with stick, but were prevented from doing so by people residing in the vicinity. On the basis of said report, offence punishable under section 324 read with section 34 of IPC was registered against accused Hansraj and others.