MARUTI SHANKAR SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned 2nd Additional Sessions Judge, Shrirampur in Sessions Case No. 425/1994, whereby appellant Nos. 1 and 4 have been convicted for offence punishable Under Section 304-II read with Section 34 of the I.P.Code and have been sentenced to suffer rigorous imprisonment for two (2) years each and to pay fine of Rs. 500/-(Rupees five hundred) each, in default to suffer rigorous imprisonment for one (1) month and the appellant Nos. 2 and 3 have been convicted for offence punishable Under Section 323 read with Section 34 of the I.P.Code and have been sentenced to suffer simple imprisonment till rising of the Court and to pay fine of Rs. 500/- (Rupees five hundred) each, in default to suffer simple imprisonment for one (1) month.

(2.) Indisputably, deceased Mohan was the nephew of appellant No. 1 Maroti. The appellant No. 4 Raju is also his nephew being son of another brother. The appellant No. 2 Kalabai is wife of appellant No. 1 Maroti and appellant No. 3 Dropadabai is widow of his another brother. The house property of appellant No. 1 Maroti is situated on eastern side of temple known as "Sawata Mandir" situated on New Pimpalwadi road which joins western Nagar-Manmad road. There is an open space between the temple and the residential house of appellant No. 1 Maroti. There is drainage between his house and new Pimpalwadi road. The alleged incident is said to have occurred as a result of dispute in respect of the small open space sandwiched in between the temple and residential house of appellant No. 1 Maroti.

(3.) Briefly stated, the prosecution case is that on 3.10.1994 deceased Mohan went in front of house of appellant No. 1 Maroti along with his servant by nickname "Jibhau". They started removing earth which was stacked on the open space by appellant No. 1 Maroti. The appellant No. 1 Maroti caught hold of him by neck and abused him. He gave slap on face of Mohan. By that time, appellant No. 2 Kalabai rushed there. She caught his testicles and squeezed them, whereas appellant No. 3 Dropadabai caught his hair and assaulted on his back. The appellant No. 4 Raju and appellant No. 1 Maroti gave kicks and fist blows on his abdomen and nose. He was injured. He went to private hospital of PW Dr. Pandit Shelke, somewhere after mid-day. He was given some treatment for stomach ache and was sent home. In the same evening, he again went to PW Dr.Shelke and complained of pain in abdomen. He was treated and was sent home in the evening. For the third time in the morning of 4.10.1994, he again went to Hospital of PW Dr.Shelke. He told PW Dr.Shelke that abdominal pains did not subside and he was suffering from acute pains. He was restless. Then, PW Dr.Shelke called for his relatives and also summoned PW Dr. Deshmukh, who is surgeon and attached to Shri Sainath Hospital, Shirdi. On clinical examination, PW Dr. Deshmukh advised to shift injured Mohan to Shri Sainath Hospital which is a trust hospital. It was decided to operate the abdomen of injured Mohan since he was suffering from acute pains and the blood pressure was low. During course of operation PW Dr. Deshmukh, noticed perforation caused to the intestine of injured Mohan. There was some fecal particles/matter in the intestine. The intestine was cleaned and the perforation was closed. Injured Mohan's statement was recorded by the Police. So also, his dying declaration was recorded by Executive Magistrate. He died on 6.10.1994, as a result of septicemia which had developed. The dead body was subjected to postmortem examination. On the basis of material gathered during course of investigation, the appellants were jointly charge-sheeted for offences punishable Under Sections 302 and 504 read with Section 34 of the I.P.Code.