BARKU CHANDAR JAGTAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals have arisen out of the same judgment and order dated 28.11.1997 passed by Additional Sessions Judge, Pune in Sessions Case No. 330 of 1993 thereby convicting the accused/appellants for the offences punishable under Sections 302 read with Section 149, 148 and 147 of the Indian Penal Code (for short "IPC"). Therefore, with the consent of learned counsel for the parties, we have heard the appeals together and same being disposed of by this common judgment.

(2.) Prosecution case, in brief, is as under:-

(3.) It is the prosecution case that, at about 7.30 pm, Barku Accused No. 1was passing through nearby field of said Vasti, when dog barked at him. Accused No. 1 started abusing aforesaid persons and thereafter he gave one kick to said dog. He threatened the complainant saying that, he will bring other persons from the village to beat complainant and her relatives staying in the said field. Then he went to Sathewadi and alongwith Accused No. 2 came at spot. Again he abused complainant and others and both of them went to village Kule. Thereafter, after some time Accused No. 1 and 2 along with Accused No. 2 to 7 came in the said field. Accused No. 1 to 3 were armed with sticks and they gave stick blows to Beera. Rest of the accused gave blows by kicks and fists to Beera and at that time, they were saying that why these persons from Dhangar community are sending their dogs behind them i.e. accused. One Mr. Balu and Santosh tried to intervene, but the accused did not pay any heed to them. Thereafter, Daulat husband of the complainant came there. By that time, accused had gone away. When Daulat saw at Beera he found that, Beera is already dead. Said Incident has been witnessed by the complainant and other witnesses in the moon light.