STATE OF MAHARASHTRA Vs. DIGAMBAR VAIJNATG

JUDGEMENT

(1.) THE appellant State of Maharashtra has preferred this appeal against the judgment and order of acquittal passed by the Additional Sessions Judge Buldana, in Sessions Case No. 30/1985 decided on 15-7-1985.

(2.) THE facts in brief of the prosecution story are as under: Gyanu Dagadu Katare - deceased was residing in village Sonati with his wife and sons. The said Gyanu owned three acres of land at v judge Sonati and he was cultivating the same personally. Besides his own land, he also used to cultivate the land locally known as Pandharit of the same village on batai basis. The field Pandhari is situated at the outskirts of the village and just adjacent to the residential house of Gyanu. That in the year 1985, Gyanu had sown wheat karad crops in his own field and cotton crop in the field Pandhari. Gyanu used to sleep in the field known as Pandhari along with his son Bhimrao to guard the crops. The incident in this case took place at about Sun-rise time on 16-2-1985 in the field survey No. 91/2-B of village Sonati. In between the night of 15th and 16th of February, 1985, Gyanu and his son Bhimrao had slept in the field TPandharit. As usual both got up early in the morning. Gyanu went towards his own field in order to drive the birds as wheat and karad crops were standing there, and his son Bhimrao returned to the house. After some time P. W. 2 Baburao went to the house of Gyanu and informed his wife Dwarkabai and son Bhimrao that respondents-accused had assaulted Gyanu. Immediately Umaji and Sarawan brothers of Gyanu; Bhimrao and Dynanba sons and Dwarkabai wife of Gyanu and others rushed to the place of incident. Injured Gyanu was lying in a pool of blood in the field of one Pandurang Fuke. There were number of injure is on the person of Gyanu. Bhimrao brought a bullock cart and took Gyanu to the State Transport Stand of village Sonati. In the meanwhile Narhari P. W. 9 Police Patil of village Sonati was informed of the incident. He met injured Gyanu at the S. T. Stand and asked him as to how he sustained injuries. Injured Gyanu told him that respondent No. 2 Vaijnath and his sons assaulted him by means of an axe and sticks. From the S. T. Stand Gyanu was taken to the Municipal Hospital, Mehkar, in a S. T. Bus.

(3.) INJURED Gyanu was admitted in Municipal Hospital, Mehkar, where he was examined and treated by the Medical Officer P. W. 10 Dr. Zanwar. As the general condition of the injured was deteriorating Dr. Zanwar intimated the police to get his dying declaration recorded. P. S. 1. Galkar recorded the dying declaration of Gyanu. The Executive Magistrate P. W. 12 Kharohe visited the hospital. who recorded the dying declaration of injured Gyanu also. P. S. 1. Galkar the registered the offence vide crime No. 37/1985 under Section 307 read with Section 34 of the Indian Penal Code. The injured Gyanu was then referred to the Civil Hospital, Bulclana, for further treatment, but he succumbed to his injuries on the same day at about 8. 00 p. m.