STATE OF MAHARASHTRA Vs. BHIKA RAOJI HAJARE

JUDGEMENT

(1.) The appeal is filed by the State to challenge the decision of acquittal given in Sessions Case No. 40/2011, which was pending in the Court of learned Additional Sessions Judge, Sangamner. The Trial Court has acquitted all the respondents of the offences punishable under sections 302, 325, 123 r/w. 149 of Indian Penal Code (hereinafter referred to as 'IPC' for short), sections 143, 147, 148 of IPC, sections 504, 506 of IPC and section 120-B of IPC. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeal can be stated as follows :-

(3.) The incident in question took place on 23.4.2011. After 8.00 a.m. when son of informant Gorakh was ploughing the land which was in their possession, all the accused went there to prevent the agricultural operation. When Gorakh said that the said portion had come to their share, Bhika became angry and he along with other accused started assaulting Gorakh by using weapons like axe, iron bar and sickle. Bhika was holding axe, Macchindra son of Bhika was holding iron bar and Lahanu other son of Bhika was holding sickle. The house of informant is situated in the vicinity of that portion and he rushed to the spot to save Gorakh. After arrival of informant to the spot, Bhika gave blow of axe on left hand of informant. Daughter in law of informant Mainabai came forward and she was assaulted by accused Sonabai (wife of Bhika) and Kalpana (wife of Macchindra). In the incident, Gorakh sustained serious injuries and informant and his daughter in law Mainabai also sustained injuries. Threats of life were given by the accused to the informant and his family members. When the neighbours like Punja Hajare, Ambu Hajare and Mukta Hajare came there, the accused left the spot of offence. They were shifted to hospital of Dr. Shelke from Sangamner in the vehicle of Raju Punekar. Gorakh was alive but was unconscious at that time, on the date of report. In the hospital of Dr. Shelke, the report of Dhondiba came to be recorded and the crime came to be registered for offences punishable under sections 307, 149, 323 r/w. 149 etc. of IPC.