RAJARAM NAMDEO WAGHASARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - Through this appeal, the appellants have challenged the judgment and order dated 18-2-1995 passed by the Additional Sessions Judge. Nasik, in Sessions Case No. 155 of 1984, convicting and sentencing them in the manner stated hereinafter:

(2.) IN short, the prosecution case runs as under: The appellants and the deceased Sarubai lived in contiguous houses in village. Pimpri, police station Trimbak, District Nasik. On 17-7-1994, at about 5. 30/6. 00 p. m. the appellants along with the acquitted accused Ramu Muiane and Vithal Waghsare came to the house of the deceased Sarubai. At that time, she along with her son Baqu Waghsare and some others was inside the house. On entering the house they said that Sarubai was a witch and professed that they would kill her. So saying the appellants caught hold of her dragged her outside the house and hereafter along with Ramu Mulane and Vithal Waghasare started inflicting blows with kicks and fists on her. Babu Waghsare implored the appellants and others not to beat Sarubai. Thereupon, Ramu Muiane hurled a stone on his head resulting in his sustaining a bleeding injury. After that they started throwing stones at his house. Thereafter, the appellants and others locked Babu Waghasare and his family members inside the house. After sometime when they came out they found that Sarubai had fallen on the road and was unconscious. Thereafter, they brought Sarubai inside the house. According to the prosecution, Rangnath PW 1, son of Babu Waghsare had reached the place of the incident, while Sarubai was being assaulted and had seen the incident. Rangnath went and contacted his relation Ratan Ghule PW 3. Rangnath along with Ratan Ghule came to his house and found that the appellants. Ramu Mulane and Vithal Waghasare were hurling stones at his house.

(3.) EVIDENCE is that Rangnath along with Babu Waghasare, Ratan Ghule and others proceeded to police Station Trimbak, which they reached at about 1 a. m. on 18-7-1994. At the said police station, Rangnath lodged his F. I. R. , which was recorded by ASI Madhukar Jadhav PW 7. On its basis, ASI Madhukar Jadhav registered C. R. No. 208 of 1984 under section 323/504/506 I. P. C.