- (1.)The Appellant Sitaram Tukaram Masulkar was charged along with six other persons, for an offence punishable under Section 148 of the Indian Penal Code, under Section 323 read with Section 149, Section 336 read with Section 149, Section 504 read with Section 149, Section 302 read with Section 149 of the Indian Penal Code and under Section 135 of the Bombay Police Act. In the Sessions Trial No. 9 of 2008, the Additional Sessions Judge, Parbhani, by judgment and Order delivered on 1st July, 2009, convicted the Appellant Sitaram for an offence punishable under Section 302 of the Indian Penal Code. The original accused Nos. 2 to 4 were convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code. The Appellant Sitaram was convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine of Rs. 5,000/ (Rupees Five Thousand) and in default to suffer simple imprisonment for three months. The original accused Nos. 1 to 4 were convicted for offence punishable under Section 324 read with Section 34 of the Indian Penal Code and sentenced to suffer simple imprisonment for two months and to pay fine of Rs. 1000/ (Rupees One Thousand) each and in default to suffer simple imprisonment for fifteen days. Sentences awarded on the Accused Sitaram were directed to be run concurrently. Original accused were acquitted from rest of the charges levelled against them.
(2.)The prosecution case, in substance, is that original accused persons and complainant are resident of the same village Pokharni, Tq Parbhani, Dist Parbhani. They belong to Wadar community. They stay in locality namely, "Wadarwada". Original accused Nos. 1, 2 and 3 are real brothers. Accused No. 4 is son of aunt of accused Nos. 1 to 3 and accused No. 5 is husband of sister of accused Nos. 1 to 3. Accused No. 6 is husband of aunt of accused Nos. 1 to 3. Accused No. 7 is son of accused No. 6.
(3.)On 19th August, 2007, Uttam Bele was proceeding by the side of road where construction of road was going on. He told the labourers that they should construct the road properly. Uttam Bele returned home at about 4.30 p.m. as his motor cycle was punctured. He told his son Bhausaheb to take his motor cycle to puncture repair shop of Badrimama. Uttam Bele went to puncture repair shop at about 5.30 p.m. and asked his son to return home. Uttam Bele was waiting at the shop to get completed the puncture removing work. At that time, accused Sitaram and Shivaji came at the shop and asked him as to what right he had got to instruct the labourers to do the work properly. Uttam replied that as he would be using the said road, he instructed the labourers. It is alleged that accused Sitaram and Shivaji assaulted Uttam with kicks and fist blows. Bhausaheb Wagh, Sheshrao Wagh and Tukaram Wagh arrived at the spot and rescued the quarrel. Thereafter Uttam went to his home at about 6.30 p.m.