TAHSIL LAKHANDUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri Joshi, learned Counsel for the appellant, and Shri Fulzele, learned Additional Public Prosecutor for the respondent.

(2.) THE criminal appeal is directed against the judgment and order dated 6. 3. 2004 passed by the 1st Ad hoc Additional Sessions Judge, Bhandara in Sessions Trial No. 13/2001 whereby the appellant is convicted for the offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of rupees three thousand and in default, to suffer further rigorous imprisonment for three years. The appellant and other co-accused Tulshiram were acquitted of the offences punishable under Section 325 read with Section 34 of Indian Penal Code. The other co-accused Pralhad died before commencement of the criminal trial.

(3.) THE case of the prosecution, in nutshell, is as follows : the appellant, other co-accused and complainant Rajkumar were residents of village Virli (Khurd ). Since 1999, complainant Rajkumar and his family members were having dispute with the accused on account of right of way and were not on talking terms. On 5. 11. 2000, at about 8 p. m. , complainant Rajkumar was in his house. Deceased Sahadeo (father of the complainant) and maternal grand-mother Nimbabai were also present in the house of the complainant at the relevant time on the day of incident. The appellant and other co-accused loaded a bullock-cart with paddy bags and at the relevant time, were taking the said bullock-cart by the road, which was in front of the house of the complainant. The said bullock-cart gave a dash to the wooden roof of the house of complainant Rajkumar, with the result, the said roof collapsed. Complainant Rajkumar told the accused that if they would have taken proper care, the bullock-cart would not have dashed against the roof of his house. Accused Pralhad (now deceased) got annoyed and told the complainant that he had committed encroachment upon the road, therefore, even if they had taken proper care, they could not have avoided the dash. Co-accused Pralhad abused the complainant and also assaulted him by stick on his fore-head. Complainant Rajkumar sustained bleeding injury. The appellant brought an axe from his house and assaulted Sahadeo (father of complainant Rajkumar) on his head by means of the said axe. Sahadeo sustained bleeding injuries and fell down on the ground. Nimbabai (maternal grand-mother of the complainant) came to his rescue. However, accused Pralhad assaulted her by stick and the appellant also assaulted her by the axe on her right hand, right leg and below the waist. It is the case of the prosecution that co-accused Tulshiram also assaulted her by wooden stick. Nimbabai sustained bleeding injuries.