AVABA BAJIRAO NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application in revision filed by six convicted accused. The accused No. 1 has been found guilty by the Appellate Court of the offence under Sections 323, 148 of the I. P. C. and accused Nos. 2 to 6 have been found guilty under Sections 323 and 147 of the I. P. C. One more accused has been put on probation.

(2.) MR. Kamat, the learned advocate appearing on behalf of the petitioners, is interested in pressing the law point. He submits that the conviction under Section 148 or 147 I. P. C. is illegal in the face of the finding of the appellate Court acquitting these appellants under Section 143 of the I. P. C.

(3.) EVEN before going to the law aspect for appreciating the background, certain facts may be referred to. The incidence in this case is alleged to have taken place on 18-5-1975 at about 8. 30 p. m. One Tatyaba Ramji Nikam of Ambheri had gifted his landed property to his son-in-law Sharmrao Piraji Sakpal, from a different village. Shamrao was interested in selling those lands. The accused wanted to purchase the lands belonging to Shamrao. However, an agreement of sale came to be executed in favour of complainant Raghunath Nikam on 7-3-1975. A sale-deed also took place on 5-7-1975. The accused are interrelated. Smarting under their defeat in securing the lands of Shamrao they seem to have taken recourse to the unlawful means of beating Raghunath. On the night in question Raghunath had gone to the house of Nana Madane, while he was returning from that house he was set upon and a number of injuries were caused to him. There were in all 14 weal marks and one contused lacerated wound on the occipital region of the scalp. The evidence showed that accused No. 1 Avaba Bajirao Nikam was armed with an axe and he caused injuries to the complainant with butt end of the axe and other accused gave blows with sticks.