DOMA BABURAO BAMBOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals are against the judgment in Sessions Case No. 74 of 1989 passed by the Additional Sessions Judge, Gadchiroli. Appellant Doma in Criminal Appeal No. 395 of 1993 was accused No.1 in the said Sessions Case who has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5,000/ - in default to suffer further rigorous imprisonment for six months. Being aggrieved by the said judgment of conviction and sentence, accused Doma has preferred Criminal Appeal No. 395 of 1993. The other accused in the Sessions Case have been acquitted and the State has filed Criminal Appeal No.4 75 of 1993 against the acquittal of accused Nos. 2 to 5 who are respondents 1 to 4 in the said appeal.

(2.) THE prosecution case in brief is that all accused are residents of village Injewari, Tehsil Armori, District Gadchiroli. Their house is situated near a temple of ''Dutta" The accused belongs to sect, ''Mahanubhav Panth". It was their usual practice to perform Pooja of the Deity in the temple of Dutta. Complainant Manohar (PW 7) is son of de -ceased Khushal. On 07 -1 -1987, when Manohar was at a Pan Shop, he was informed by Eknath Ramteke, Baburao Motghare and Shamrao Khandkure that Indubai w/o Doma Bambole (accused No.2) practises with -craft. Manohar, therefore, went to the temple and saw Indubai sitting there. All other accused had encircled her. On seeing Manohar, accused Indubai said to him that it was because of him and his father that she had to become a witch. Manohar hereupon said that he was not aware of anything about the witchcraft. Indubai asked him to keep his hand on the idol of deity and to tell the truth which Manohar did and repeated that he was not aware of anything about the practice of witch act. Thereupon accused started beating Manohar, Indubai dealt a blow of Khadao (wooden slippers used by priests in the temple). In the meantime, Khushal, father of Manohar reached there. On seeing him. Indubai said that he was carrying lemon in his underwear pocket and book of black magic. She also said that Khushal was knowing witchcraft and he was responsible for spoiling the entire atmosphere in the family. She then instigated other accused and asked them to catch hold of Khushal and Khushal was caught hold and beaten by the accused. Accused No.1 Doma dealt a blow with axe on the head of Khushal and Indubai dealt a blow with Khadao. Other accused gave fists blows to deceased Khushal and caught him by waist. Khushal received bleeding injuries; collapsed on the spot and died. Manohar (PW 7) lodged report at Police Station. After the accused went to their house, deceased Baburao, father of accused No.1 Doma, asked the accused as to what had happened and thereupon accused Doma dealt him blows with iron -bar and stick blows as a result of which Baburao died.

(3.) ALL the accused having denied the guilt contended in their defence that inside the temple, there was quarrel between deceased Baburao and deceased Khushal in which Khushal dealt blows with axe to Baburao and Baburao dealt him blows by means of stone. Khushal collapsed on the spot whereas Baburao was taken to his house which is admittedly very close to the temple and he died there.