HANMANT HARIBA SONWALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same set of facts and a common impugned Judgment we are disposing them off by one Judgment.

(2.) NINE persons namely (1) Hanmant Hariba Sonwalkar (2)Jagannath Dagadu Kharat (3) Sahebrao Dagadu Kharat (4) Mohan dagadu Kharat (5) Sou. Radhabai Jagannath Kharat (6) Sou. Suman Sahebrao Kharat (7) Sou. Sindhu Mohan Kharat (8)Dagadu Krishna Kharat and (9) Dattu Hariba Sonwalkar, were tried by the Sessions Judge, Satara for offences punishable under sections 148, 302 read with 149, Indian Penal Code, 325 read with 149, Indian Penal Code, 324 read with 149, indian Penal Code and 323 read with 149, Indian Penal Code. In addition :-

(3.) IN short, the prosecution case runs as under :- The accused Dagadu Kharat is the father of the accused jagannath Kharat, Sahebrao Kharat and Mohan Kharat and father-in-law of Sou, Radhabai Kharat, Sou. Suman Kharat and sou. Sindhu. The accused Hanmant Sonwalkar and Dattu sonwalkar are his grand-sons. The said accused persons on the one hand, the deceased shivaji, his wife Phulabai PW 7, his nephew Dada Kharat PW 5, his nephew Vithal Kharat PW 6 and Namdeo Shelke PW 4 lived in the immediate proximity of one another, in village nimbodi, Taluka Khandala, District Satara. There was enmity between Shivaji and the accused because, water from the bathroom of the accused, used to flow towards the wall of Shivaji and cattle of the accused used to dig its foundations. On 10-9-1993, at about 7 p. m. the accused called Shivaji to their house. He went into their court-yard. At that time, shivaji s wife Phulabai PW 7, his nephews Dada Kharat PW 5 and Vithal Kharat PW 6 and Namdeo Shelke PW 4 heard commotion. They went to the house of the accused and saw that an exchange of hot words between the accused Dagadu kharat and Shivaji was taking place. Vithal tried to separate Shivaji and Dagadu Kharat. In the meantime, the accused Hanmant Sonwalkar inflicted an axe blow on the neck of Shivaji as a consequence of which, he fell down. Accused jagannath, Sahebrao, Mohan, Sou. Radhabai, Sou. Suman, Sou. Sindhu Dagadu and Dattu who were also there assaulted Dada kharat, Vithal Kharat and Phulabai with sticks. Some of them also abused them and hurled stones towards them. After assaulting them, the accused persons ran away. Evidence of Dada Kharat PW 5 (the informant) shows that thereafter, he went to Vithal Shelke and got his Bajaj-M-80. On the same, he and Vithal went to their family doctor Dr. Adsul in Lonand who, advised them to approach the Government dispensary. They proceeded there. At the Government dispensary, they learnt that Shivaji had also come there, but was taken to Dr. Shivde. Thereafter, they went to Dr. Shivade who informed them that Shivaji had been sent to pune. Then, they returned to Lonand.