STATE OF MAHARASHTRA Vs. PANDURANG TUKARAM KAMALAKAR

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Maharashtra under section 377 (1) Cr. P. C. for enhancement of sentence of the respondents who were tried by the Sessions Judge. Kolhapur in Sessions Case No. 44 of 1985 for offences punishable under sections 147, 148, 302 nw 149, and 323 nw 149 IPC and vide judgment dated 29-7-1985 were convicted and sentenced in the manner stated hereinafter.

(2.) IN short, the prosecution case was that on 15-12-1993, at about 9/10 a. m. the respondent no. 2 took his bullock-cart from the open space be longing to the deceased Sonabai Shankar Kamalakar and others. At that time, they objected. Respondent no. 2 paid no heed. When he was returning, there was an exchange of abuses between him and Sonabai and others. The same evening at about 7 p. m. when Sonabai Shankar Kamalakar, Maruti Dattu Kamalakar Pandurang Subhana Kamalakar, Ganpati Shankar Kamalakar and, others were sitting in front of the house of Pandurang Kamalakar and talking, the respondents armed with sticks came. The respondents no. 1 asked them as to why they had objected to the bullock-cart being taken in the morning. Sonabai and others told him that the morning incident was over and they should go back. Thereafter, the respondents with fists and kicks started assaulting Sonabai and others. They also started hurling stones. It is said that as a result of the stone being hurled by the respondent no. 1, Sonabai suffered an injury on her head. Apart from Sonabai Kamalakar, Pandurang Kamalakar. Ganpati Kamalakar. Eknath Kamalakar and Baburao Kamalakar also sustained injuries.

(3.) AFTER the usual F. I. R. investigation etc. the respondents were tried for offences detailed in para 1 and were convicted and sentenced in the manner set out in the said para.