SOMNATH GAIBU DHUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) At the threshuold itself, it can be observed that the learned counsel for the Petitioners has pressed this Petition on the ground of sentence arid riot on merits.

(2.) It is alleged by the prosecution that an incident that had occulted on 26th May, 1977 while1 the accuse and the Complainants brother were playing cards in a field, which gave rise to the main incident that occurred on the next day 1, e. on 27th May, 1979. At that time, at about 10-00 A.M., the Complainant PW 3 Rameshwar and his brother PW 4 Vithal were relaxing and almost sleeping on a cot in their held that was situate in village Hasegaon, Taluka Kallam, in the District of Osmariabad. They were thus resting under a mango tree in their field. At that time, on account to the previouf incident of the 26th which was, really speaking, of very minor dimensions, all three brothers accused persons, all of a sudden, entered the field, rushed near the said cot where the two brothers were relaxing and giving no chance to them the said two brothers were made the victims of a very severe attack. Accused No.s 1 and 2 were armed with axes while accused No:3 was armed with stick, It is alleged that for some time, the assault was by the sharp edge of the axe while most of the time assault was from the other side Consisting of the handle. The Complainant and his brother. Vithal sustained several Injuries and as the y raired the shouts, Complaints uncle Ramiing PW 5 and the neighbour Kerappa PW 6 rushed to the sPot. On sighting them the accused persons escaped -from the scene of offence. The injured were taken to the Police Station and thereafter, to the medical dispensary where they were given flitt-aid and treatment and thereafter,they- .were referred to the Civil HosPital at Osmanabad as the medical officer suspected fracture. At Osmanabad Hospital it was revealed that though the Complainant had sustained no fracture, his brother Vithal had sustained a fracture on the left scapula of the spine. X-ray plates were also taken which disclosed the same. The Police had, by that time started investigation and a panchnama of the scene of offence was recorded and, after completing investigation, the police, chargesheeted the three accused persons in the Court of judicial Magistrate, First Class Kallam in Criminal Case No: 214 of 1977 for offences under Sections 323 324, 325 and ,447 read with Section 34 of the Indian penal Cede. It was alleged in short that the three accused persons committed criminal trespass in the land belonging to the complainant and armed with common intention, they assaulted the complainant and his brother and in that assault, they even caused grievous hurt to Vithal.

(3.) Pleading not guilty to the charge, all the three accused contended that they have been falsely implicated on account of enmity. The denied their presence on the spot.