RAHUL ULHAS PISE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three appeals and the Criminal Revision Application arise from the order of conviction and sentence passed by the learned Additional Sessions Judge at Kolhapur on 21/3/1988 in sessions Case No. 28 of 1986. The operative part of the order of conviction and sentence reads as under: the accused Nos. 1 to 4 are convicted for the offences under Sections 147, 148, Section 326 read with Sections 149, Section 323 read with Section 149 of I. P. C. 1. The accused Nos. 1 to 4 are convicted and sentenced to suffer R. I. for one year and to pay fine of rs. 500/-i/d to suffer R. I. for 15 days for the offence under Section 147 of I. P. C. 2. The accused Nos. 1 to 4 are convicted and sentenced to suffer R. I. for one year and to pay fine of rs. 1000/-i/d to suffer R. I. for three months for the offence u/s 148 of I. P. C. 3. The accused Nos. 1 to 4 are convicted and sentenced to suffer R. I. for five years and to pay fine of Rs. 2000/-i/d to suffer R. I. for 6 months for the offence u/s 326 read with Section 149 of I. P. C. for causing grievous hurt to deceased Laxman Pise and sharad Pise. 4. The accused Nos. 1 to 4 are convicted and sentenced to suffer R. I. for one year and to pay fine of rs. 1000/-i/d to suffer R. I. for three months under section 323 read with Section 149 of I. P. C. for causing hurts to deceased Laxman Pise, Sharad Pise and pradip Pise. 5. The substantive sentences of accused nos. 1 to 4 to run concurrently. Accused No. 1 was in custody from 29. 10. 85 to 2. 11. 85. Accused No. 2 was in custody from 26. 10. 85 to 29. 10. 85. Accused No. 3 was in custody from 29. 10. 85 to 2. 11. 85. Accused No. 4 was in custody from 29. 10. 85 to 2. 11. 85. and they are entitled to the set off of the said period under Section 428 of Cr. P. C. 6. The accused Nos. 1 to 4 are acquitted of the offences under Sections 302 read with Section 149 and Section 307 read with Section 149 of I. P. C. 7. Accused Nos. 5 and 6 are acquitted of the offences for which they are charged and prosecuted. 8. The amount of fine if recovered, out of the said amount, amount of Rs. 4000/-be awarded to injured sharad Pise under Section 357 of Cr. P. C.

(2.) CRIMINAL Appeal No. 231 of 1988 has been filed by accused nos. 1 and 2 and Criminal Appeal No. 232 of 1988 has been filed by accused nos. 3 and 4. Whereas Criminal Appeal no. 630 of 1988 has been filed by the State Government against the acquittal of accused nos. 1 to 4 for the offences punishable under Section 302 read with Section 149 and Section 307 read with Section 149 of I. P. C. Criminal Revision Application No. 249 of 1988 has been filed by the original complainant Shri Pradip laxmanrao Pise (PW 19) praying for setting aside the acquittal order under Section 302 read with Section 149 and Section 307 read with Section 149 of I. P. C. and also the acquittal of accused nos. 5 and 6 from all the offences. Hence, all the three appeals and the Criminal Revision Application are being decided by this common judgment. During the pendency of these appeals accused no. 2 dhondiram died and hence Criminal Appeal No. 231 of 1988 and criminal Appeal No. 630 of 1988 stand abated qua the said accused and, therefore we will have to examine the appeals only in respect of accused nos. 1, 3 and 4.

(3.) DECEASED Laxman Pise was the younger brother of accused no. 2 Dhondiram. Dhondiarms son Ulhas died in 1984 and left behind two sons i. e. Rahul accused no. 1 and Girish juvenile acquitted accused. Thus, Ulhas and Girish are the grand children of accused no. 2 Dhondiram. There was a family partnership business of Hotel and Restaurant and the brothers had other immoveable properties at Kolhapur as well as panhala and disputes about the property and the share of the brothers were going on. By filing proceedings under Section 145 of Cr. P. C. one of the parties was successful in obtaining the possession of Meghadoot Hotel, Kolhapur. The brothers also possessed agricultural land at village Nigawe and Kerle. The hotels at Kolhapur and Panhala were being run by a partnership firm with accused no. 1, complainants brother Sharad (PW 20), the complainant himself and one Ranjit being the partners, since the year 1966. In the month of October, 1985, the paddy crop in the land at Nigawe was harvested and, therefore, on the date of the incident i. e. 26/10/1985 deceased Laxman along with his two sons, Pradip and Sharad went to the land to collect their share of paddy by his Ambassador Car bearing Registration No. MHK 6253 between 3. 30 p. m. to 4 p. m. Within half an hour thereafter, accused no. 2 Dhondiram along with his two grand children i. e. Rahul accused no. 1 and Girish Juvenile Accused reached the same place to collect the paddy and they had gone by an autorickshaw. The Ambassador Car as well as the autorickshaw were parked near the pandan, little away from the thrashing floor. It appears that Dhondiram wanted to collect the entire paddy whereas deceased Laxman suggested that they should take half share each pending the dispute. It is necessary to mention here itself that deceased-Laxman was a practicing Advocate and his son Sharad had also joined him in the said profession.