ANNA KRISHNA KHOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants have challenged the judgment and order dated 19-7-1995 passed by the Sessions Judge, Sangli, in Sessions Case No. 9 and 92 of 1994, convicting and sentencing them in the manner stated hereinafter :---

(2.) IN short, the prosecution case runs as under :---The informant Kamal Jagannath Desai P. W. 12 is the wife of the deceased Jagannath Desai. She lived along with her husband in a house situated at a distance of five to six paces from that wherein the appellants Anna Khot and his son Shankar Khot lived in village Shirate, District Sangli. Balaso Khot the third appellant is a friend of the above appellants. Shortly, before the incident when the deceased Jagannath Desai started constructing his house, Appellant - Anna Khot objected and asked him to leave a space of six feet and there after commence the construction. However, the dispute between Jagannath Desai and Anna Khot was resolved by Kumar Desai P. W. 13 (brother of the deceased) and some others, in terms that Jagannath Desai should commence the construction after leaving a space of three feet. It is alleged that during the construction of the said house, Anna Khot objected five to six times and he used to abuse Jagannath Desai and the informant. On 4-10-1993, at about 2 p. m. the daughters of the appellant - Shankar Khot were playing near the water tap in front of the informants house and were throwing stones on the pipe line. Her husband Jagannath Desai asked them to play at some other place. In that, Shevanta Khot and Kusum Khot wives of the appellants Anna Khot and Shankar Khot respectively, came to the Court-yard of the informant; hurled abuses on her; caught hold of her hair; and inflicted blows with kicks and fists on her. Shamrao Desai and Balasaheb Desai P. W. 11 intervened and rescued the informant. About the same time, the daughters of the informant namely Sarita, Savita, Sunita and Anita came from the school in the recess. The informant gave them lunch. Thereafter, excepting Anita, they went away to the school. At about 3 p. m. the informant, her husband Jagannath Desai and her daughter Anita proceeded for their field. When they had reached the field of Ramdas Desai, Jagannath Desai along with Anita took the cattle at the Nala for drinking water. The informant cleaned the cattle-shed and when she was about to go to cut the grass, for the cattle, she noticed Jagannath near the field of Ramdas Desai along with cattle and heard noise from the said field. She noticed that the appellants - Anna Khot and Shankar Khot had caught hold of her husband Jagannath Desai and the appellant Balaso Koli was pushing him. She heard the appellants asking her husband whether he would give abuses and the latter replying in the negative. She noticed that the appellant Shankar Khot inflicted axe blows on the head, neck, shoulder and right leg of Jagannath and the appellant - Balaso Koli inflicted knife blows near the shoulder, back and chest of Jagannath. She became perolexed and started running towards her husband Jagannath. At that time, Shankar Khot pushed her and thereafter he and the appellant Balaso Koli kicked her. At that time, Kumar Desai P. W. 13, brother of Jagannath, who was in his field heard the cries from Ramdas Desais field and reached there in time to see the said appellants assaulting her. The appellants-Shankar Khot who was holding an axe told him that if he went ahead, he would be dealt with. Consequently, he did not proceed. Thereafter, the appellants ran away. Thereafter, Kumar Desai P. W. 13 told the informant and her daughter Anita to wait there and himself proceeded to village Shirate to inform persons about the incident. On learning about the incident, a number of persons came. At about 6. 30 to 7 p. m. Kumar Desai brought the informant and her daughter to village Shirate. Two hours later, in a jeep, he took the informant along with Anita to Islampur Police Station.

(3.) THE F. I. R. of the incident was lodged by Kamal Desai, P. W. 12 at about 9. 45 to 10 p. m. the same day at Police Station Islampur. It was reduced into writing by P. S. I. Ramchandra Raskar P. W. 16 who on its basis registered an offence at 10. 30 p. m. at Islampur Police Station.