SHIVAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. By Judgment dated 27.03.2019, learned Additional Sessions Judge, Nanded convicted the accused Nos. 1 to 3 under section 304 (II) of Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for 10 years and to pay fine of Rs.2,000/-, in default, simple imprisonment for two months.

(2.) Accused Nos. 4 and 5 are acquitted. Accused Nos. 1 to 3 are acquitted of other charges. Accused No.1 has preferred Appeal No. 541/2019 and accused Nos. 2 and 3 have preferred Appeal No. 363/2019. All seeks suspension of sentence.

(3.) As per FIR Exh. 58, the deceased, Gangaram was father in law of PW1 Nandabai. On 01.01.2015 at 8.30 a.m., there was a petty quarrel of PW1 Nandabai with accused No.1 Ramesh Kadam over the issue of keeping firewood in the courtyard of PW1. Ramesh Kadam and all his family members armed with sticks entered her house and pulled out and dragged her father in law Gangaram. They abused him and threatened him and assaulted him with sticks and fist blows and kick blows in abdomen. Ramesh Kadam hit her father in law on private parts and on the right ribs while accused No. 2 Shivaji inflicted stick blows on his skull. PW1 Nandabai tried to intervene and rescue her father in law. The lady members from the family of accused No. 1 held her by her hair and assaulted her and her mother in law Laxmibai by giving fist blows and stick blows. The neighbours including Navin Jadhav PW5 intervened and rescued them. when Gangaram was taken to the Civil Hospital at 11.20 p.m. he was declared brought dead. The P.M. Note shows that he died of Cardia respiratory arrest. Secondary to laceration of right kidney 2X1.5 cm ....hemorrhage and hemorrhagic shock.