DATTATRAYA VITTHAL DHAMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal filed under section 374(2) of Crimial P.C. the original accused nos. 1 to 5 question their conviction under section 302 read with section 149 Penal Code and under sections 143, 147 and 148 as also under section 324 read with section 149 Penal Code by Sessions Judge, Satara on 17/5/2010 in Sessions Case No. 38 of 2009.

(2.) The case of the prosecution in brief was that deceased Prakash had worked as driver on the truck owned by accused no. 3 Dnyaneshwar. Dnyaneshwar did not pay his salary and Prakash therefore had left the employment five days prior to the incident, i.e. prior to 17/9/2008. The arrears of his salary were Rs.5000.00 and request made by him to pay it went in vain.

(3.) On 17/09/2008 at about 10.00 pm accused nos. 1 to 5 came to the house of Prakash, called him out and took him near their house. At that place there was a quarrel for the said amount. Accused no.1 Dattatraya who was also the driver in the employment of accused no. 3 thrust a gupti into the chest of deceased Prakash. His father accused no. 2, his mother accused no. 4 and his wife accused no.5 also assaulted Prakash causing his death. The prosecution case is that the accused persons form an unlawful assembly with a common object to eliminate the deceased and then tried to conceal/destroy the weapons used in commission of the offence. Accused no. 1 had thrown chili powder in the eyes of one Sunil Kamble (PW 1) and accused no. 3 assaulted Sunil using handle of the spade. The prosecution contends that accused persons belong to particular community while the deceased and the prosecution witnesses belong to scheduled caste. Therefore, the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 were also invoked.