UTTAM Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.25/2006 and Criminal Appeal No.217/2006 are directed against the judgment and order of conviction passed by Sessions Judge, Jalna in Sessions Case No.103/2004, convicting the appellants for the offences punishable under Sections 325 read with Section 149, 341 read with Section 149 , 147 and 148 of the Indian Penal Code (For short " I.P.C .). Criminal Appeal No.282/2006 and Criminal Revision Application No.44/2006 are filed by State and original informant Arun Naval respectively, against the order of acquittal passed by Sessions Judge, Jalna in Sessions Case No.103/2004 and for enhancement of sentence.

(2.) The facts leading to institution to these appeals and revision are that all accused Nos. 1 to 10 are the residents of village Shrishti, Taluka Partur. Land of the accused and land of the family of Nandu Naval (hereinafter referred to as "deceased") were adjacent to each other. Deceased and his three brothers used to cultivate their land jointly. Dispute frequently arose in between the family of the deceased and accused persons on account of their agricultural land and on the basis of reports lodged by family members of the deceased, chapter cases were filed against the accused persons. However, accused used to threaten the deceased and his brothers to beat them and to cause death of either of the brothers. Despite mediation by respectable villagers, the relations in between family of the deceased and accused persons remained strained.

(3.) On 30.06.2004 at about 4.00 to 4.30 p.m. when deceased Nandu was returning from his agricultural land known by local name "Mala" and when he reached near the land of Nandu Ambhore by Lingsa Panand, that time accused Nos.1 to 10 intercepted the deceased and assaulted him by sticks, iron pipe, axe and dagger. Coincidently informant Arun Naval (PW-2) was also proceeding towards land "Mala" and at the time of occurrence and he was near Lingsa Panand. When he witnessed the occurrence, he started shouting and asked the accused not to beat the deceased. In response, some of the accused rushed towards Arun Naval (PW-2) and threatened to kill him. By that time, Pralhad Dattatraya Ambhore (PW-4) and Nandu Ambhore rushed on the spot. When the accused noticed the arrival of these witnesses, they escaped from the spot. Due to the assault by accused, the deceased sustained injuries on his both legs, hands, head and his arms and legs had become motionless. Pralhad Ambhore (PW-4) immediately arranged for a car and his servant Damodar Mavkar (PW-5) took the deceased by car to bus-stand Shrishti. From the bus stand jeep was engaged and the deceased was brought to Police Station, Ashti. A.P.I. Bhosle (PW-14), who was present at Police Station, Ashti, when noticed the bleeding injuries sustained by the deceased and his deteriorating condition, advised the informant Arun Naval (PW-2) to immediately take the deceased for medical treatment. He handed over letter to P.H.C. Ashti. However, as the Medical Officer was not present at P.H.C. Ashti, the deceased was taken to Rural Hospital, Partur and from there he was referred to Civil Hospital, Jalna. At Rural Hospital, Partur Dr. Prashant Ambhore (PW-3) examined and provided primary treatment to the deceased before referring him to Civil Hospital, Jalna. However, on the way to Civil Hospital, Jalna deceased succumbed to his injuries. Thereafter the dead body of deceased was kept at Civil Hospital, Jalna. By that time, informant Arun Naval (PW-2) lodged F.I.R. (Exh.51) to Police Station, Ashti at about 6.30 p.m. Crime No. 31/2004 for the offences punishable under Sections 143 , 147 , 148 , 341 , 504 and 307 read with Section 149 of I.P.C. came to be registered against accused Nos.1 to 10. A.P.I. Bhosle started investigation of this crime. After receiving the intimation of death of the deceased, Section 307 of the I.P.C. was converted into Section 302 of the I.P.C.