DURYODHAN BHAGWAT DEVKATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE all these matters arise out of the same set of facts and a common Judgment, we are disposing them off by one judgment.

(2.) EIGHT persons namely (1) Madhukar Vishnu Devkate (2) Sadashiv Vishnu Devkate (3) Vishnu Krishna Devkate (4) Vithal Bhagwat Devkate (5) Haridas Namdeo Devkate (6) Gorakh Bhagwat Devkate (7) Duryodhan Bhagwat Devkate and (8) Tukaram Vishnu Devkate, were tried by the II Additional Sessions Judge, Solapur, in Sessions Case No.85 of 1984, for offence punishable under sections 147, 148, 302 read with 149, IPC in the alternative sections 302 read with 34 IPC and 324 read with 34 IPC. Vide Judgment and order dated 8-10-1984, the learned Judge was pleased to convict and sentence Duryodhan Bhagwat Devkate and Tukaram Vishnu Devkate in the manner set out hereinafter :- (i) Under section 323 read with 34 IPC to three months R. I. and to pay a fine of Rs. 100/- each, in default to suffer R. I. for one month; and (ii)Under section 325 read with 34 IPC to three years R. I. and to pay a fine of Rs. 500/- each, in default to suffer R. I. for six months. Their substantive sentences were ordered to run concurrently. The said persons were acquitted on other charges. Remaining six persons, named above, were acquitted on all the charges. Criminal Appeal No.790 of 1984 has been preferred by Duryodhan Bhagwat Devkate and Tukaram Vishnu Devkate against their aforesaid convictions and sentences. Criminal Appeal No.967 of 1984 was preferred by the State of Maharashtra against acquittal of Duryodhan Bhagwat Devkate and Tukaram Vishnu Devkate on counts other than those on which the Trial Court found them guilty and against that of remaining persons namely Madhukar Vishnu Devkate, Sadashiv Vishnu Devkate, Vishnu Krishna Devkate, Vithal Bhagwat Devkate, Haridas Namdeo Bichkule, and Gorakh Bhagwat Devkate on all the counts. Criminal Revision Application No.107 of 1985 has been preferred by the Original Complainant Shivaji Dnyandeo Devkate against all the 8 accused persons and it is prayed therein that the order of acquittal passed in their favour be set aside. Some other prayers, one of them being that the sentences of Duryodhan Bhagwat Devkate, and Tukaram Vishnu Devkate be enhanced, have also been made therein.

(3.) THE injuries of Kisan and Sampati were medically examined same day at10.15 p. m. and 10. 30 p. m. respectively at Primary Health centre Temburni by Dr. Mukund Deshpande PW 7. On the person of Sampati, the doctor found a contusion on left leg on the posterior lateral side oval in shape 1 cm diameter. He also noted in the injury report that Sampati complained of pain at the seat of run contusion and on lebial border of the left leg. On the person of Kisan, the doctor found 3 contusions and noted that he complained of pain on right hand joint. Out of 3 contusions, one each was situate at posterior aspect of left and right leg and one on right forearm 4 cm below wrist joint. In the opinion of Dr. Deshpande, the injuries of both the victims were caused within 12 hours and were attributable to a hard and blunt object like a stick or a iron bar.