BHATUSING VIRANGYA RAVTALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal challenging the judgment and impugned order passed by the Additional Sessions Judge, Shahada, dated 14.09.2015, in Sessions Case No. 20/2014, wherein, the appellants are convicted for the offence punishable under Sec. 304 (I), 308, 323 read with Sec. 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs. 1,000.00 each i/d to undergo simple imprisonment for two months.

(2.) Some of the facts necessary for the decision of this appeal are as follows :

(3.) The complainant appears to be nephew of present appellant No. 1. There were cordial relations between both the families. However, due to some matrimonial disputes, Pramilabai - the wife of Diwan i.e. the daughter-in-law of Bhatusing had withdrawn herself from her matrimonial home and was residing with her parents. P.W. 8 - Ramesh Verangya Ravtale had gone to the matrimonial house of Pramilabai and convinced her to return to her matrimonial home. The return of Pramilabai had enraged the appellants as they did not wish to welcome Pramilabai back to the matrimonial home. It is the case of the prosecution that on 08.01.2014, the appellants had called Vinod to their house and questioned the intervention of his father in their matrimonial disputes. He had tried to explain to them that Pramilabai also happens to be the daughter-in-law of his father as she is the wife of his nephew and therefore, in the interest of both the families, he had asked her to return to her matrimonial house. Being enraged by the said answer, the appellants had assaulted Vinod with sticks. The assault was so brutal that he had fallen unconscious. He had cried and upon hearing his cries, P.W. 2 - Nitesh Devidas Ravtale and P.W. 9 - Akhiraj Rehatam Ravtale had rushed to the scene of offence. They rescued Vinod and had taken him to hospital at Mhasawad. Since, the condition of Vinod was serious, he was referred to Civil Hospital Nandurbar.