SAVANTA ANNA POL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal the appellants challenge the judgment and order dated 25-3-1991 passed by the 3rd Additional Sessions Judge, Kolhapur, in Sessions Case No.73/89 convicting and sentencing them to undergo 2 years R. I. and to pay a fine of Rs. 500/- each, in default to undergo 2 months R. I.

(2.) IN short the prosecution case is as under : The deceased Narayan Santram Sonawane was the brother of Namdev Santram Sonawane P. W. 6 and father of Shantaram Sonawane P. W. 1. On 6-3-1989 Laxmibai the wife of Namdev Sonawane lodged an FIR at Ichalkaranji Police Station alleging therein that Narsing Sawanta Pol son of appellant Savanta Pole alongwith one Mahadev Pol committed rape on her daughter Sharawati. On the basis of the said FIR a case under section 376 of IPC was registered against the said persons. On this score there was enmity between Namdeo Sonawane and his family on the one hand and the four appellants on the other. It may be mentioned that the appellant Rajesh Pol and Vijay Pol are the real nephews of appellant Savanta Pol and appellant Krishna Shinde is the father-in-law of appellant Savanta Pol. On 11-3-1989 at about 8.30 to 8.45 p. m. when the informant Namdev Sonawane and the deceased Narayan Sonawane were in Chandini Chowk area, the appellants came and started abusing the former. Narayan Sonawane asked the appellants as to why they were abusing Namdeo and asked them not to abuse him. On that the appellants started inflicting blows with kicks and fists on Narayan Sonawane who fell down as a result thereof. The evidence is that after he had fallen down the appellants continued beating him. Thereafter they ran away.

(3.) THE investigation was conducted in the usual manner by P. S. I. Sitaram Kamble who after completing the investigation submitted the charge-sheet against the appellants.