LAXMAN MAHADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants have been convicted by the learned Additional Sessions Judge, Aurangabad, for an offence under section 325 read with section 34 of the Indian Penal Code and each of them has been sentenced to suffer R.I. for nine months and to pay a fine of Rs. 250/-.

(2.) All the four accused were tried for an offence under section 302 read with section 34 of the Indian Penal Code, on the allegations that on or about 10th of October 1973 at about 10 a.m. village Valuj in the land of Ramchandra Shankar Agade in furtherance of the common intention of the accused committed murder of one Kachru Laxman Barade, a Bhil by assaulting him with sticks and iron rods etc.

(3.) It is difficult to state the allegations on which the prosecution is founded inasmuch as eleven alleged eye-witnesses examined in support of the charge did not support the prosecution case which it was able to gather the stage of investigation. The prosecution case as could be spelt out from the legal evidence on record is briefly to this effect: The victim of this incident was one Kacharu Laxman Bhil of Itawa village in Aurangabad district. He was a notorious thief and a robber and a terror in the surrounding villages. All the accused are residents of Ranjangaon village which is two miles from Itawa village from where the deceased hailed. Accused Nos. 2 and 3 are full brothers and accused No. 4 is their cousin. Accused Nos. 1 to 3 owned a joint family garden land within the limits of Itawa village. At the relevant time, they had planted sugarcane and chillies and groundnut crop was also reaped. On the night of 9th October, 1973, accused No. 1 and his servant Babu Natha (P.W. 16), had together been to the garden land within Itawa limits for keeping watch over the standing crop. At about mid-night the deceased Kacharu accompanied by two others entered the land and started uprooting groundnuts. Babu and accused No. 1 saw them from a distance of about 50 feet and questioned them in loud tone as to who they were and what they were doing. On hearing the same the companions of the deceased filed away but the deceased rushed towards Babu and accused No. 1, and he slapped accused No. 1, and threatened as to why he was taking objection in his removal of the groundnuts. Being terrified Babu and Laxman (accused No. 1) left for another land of the accused known as the Wadacha Mala which is at a distance of about one mile from the garden land where they were keeping a watch. After going there, Babu and Laxman narrated the incident to the other three accused. On hearing the same, the three accused accompanied Babu and accused No. 4 to the garden land to see whether the deceased was still there. But on reaching the garden land they found that the deceased had already left by uprooting and taking away about one bag of groundnuts and also brass bells which were tied to the bullocks with the aid of belts.