- (1.)BY this appeal, the appellants have assailed the judgment and order dated 27-9-1990, passed by the II Additional Sessions Judge, Nasik, in Sessions trial No. 2/90, convicting and sentencing each of them to undergo 3 years R. I. and pay a fine of Rs. 1,000/- in default to suffer R. I. for 6 months, for an offence under section 304 Part II r/w 34 I. P. C.
(2.)IN short, the prosecution case is that the two appellants, the deceased Bhagwat and Vasant were real brothers. The evidence is that the appellants and Bhagwat, used to live in contiguous huts in village Panchale, Taluka Sinnar, District Nasik. The three of them used to take water from a common well, by turns. On the date of the incident, i. e. 8-9-1989, it was the turn of Bhagwat to take water. Same morning at about 7 a. m. Bhagwat and his bataidar Jairam P. W. 4 went to the common well to take water. At that time, appellant Ramnath and his wife, Vimal were removing the leather of foot-valve, from the electric motor, which was installed at the well. Bhagwat asked them not to do so and said that he would pay whatever amount is due. On that the appellant Ramnath and Vimal said that they would not allow him to start the electric motor. Bhagwat asked Jairam to report the matter to Rangnath, his father. Thereafter, the two appellants are alleged to have launched an assault upon Bhagwat with iron bars. At that time, Vimal and Kantabai (wife of appellant-Laxman) were catching hold of Bhagwat. On seeing this, Bhagwats wife Shantabai, P. W. 1, who was in the hut situated nearby, reached to the spot. She was caught by Vimal and assaulted by the two appellants with iron bars. In the meantime, Rangnath had come on the spot. He sent for a jeep and on the same, Bhagwat was taken to Police Station Wavi.
(3.)THE evidence of Head Constable Vishnu Ahirrao, P. W. 5, is that same day at 11. 25 a. m. Rangnath along with some others, came in a jeep at Police Station, Wavi. Valu Thorat, P. W. 2 who was accompanying Rangnath gave information that Bhagwats brothers alongwith their wives had assaulted him. Consequently, Head Constable Ahirrao, made an entry in the station diary and since the condition of Bhagwat was precarious, sent him for medical examination.