- (1.)THE State has preferred this appeal against the judgement and order dt. 19th Sept. , 1979 passed by the learned Additional Sessions Judge, Ratnagiri, acquitting respondents 1 and 2 of the charge of murder punishable under S. 302 read with S. 34, I. P. C.
(2.)THE prosecution case briefly stated is that the accused and the deceased Dattaram Godkar and his sons are all residents of the village Talavade in Sawantwadi Tehsil of Ratnagiri District. The complainant had mango grove to the west of the house of the accused. The house of the accused is shown by letter 'a' in the map Exh. 14. The accused cultivated the land of Anandibai Gavade. The land of the deceased is at a distance of about 100 ft. from the land under the cultivation of the accused. The house of the accused shown by letter 'a' in the map Exh. 14 is to the north of the land under the cultivation of the accused. In between there is a land of Atmaram Vithal Gavade. There is a cactus fencing between the land cultivated by the accused and Atmaram Vithal Gavade. There is a footpath leading to the house of the accused through the land under the cultivation of Atmaram Gavade. The cattle of the accused strayed in the mango grove of the deceased and on that account the relations of the accused and the deceased were strained. Dasharath, P. W. 4, Baburao, P. W. 5 and one Dilip are the sons of the deceased Dattaram and Sadashiv Mayekar, P. W. 6, is his nephew. On 4th Nov. , 1977 at about 7-30 a. m. while Dasharath in his land was explaining Dilip how the paddy Bunds should be erected accused 1 was standing in his land at a distance of about 100 to 125 ft. Seeing the complainant, accused 1 said that he would put his cattle into the latter's mango grove and he might protect that grove. Thereupon the complainant asked accused 1 to tell him when he was going to put his cattle into his mango grove. This led to the exchange of abuses between accused 1 and Dashrath. Hearing the noise of the abuses the complainant's mother and Arjun Godkar, P. W. 7 arrived there. The complainant's mother advised the complainant not to indulge in quarrel with the accused. In the meanwhile, the complainant's brother Baburao, P. W. 5, also arrived there. Hearing the loud exchange of abuses, the family members of the accused also came out of their house. There were other houses near the house of the accused. The inmates of those houses also came out. The complainant's father Dattaram hearing the abuses also arrived there. Dattaram in order to know from the accused as to why they were abusing the complainant and his brother went to the place where accused 1 and 2 and other persons who had come out of their houses were standing. As soon as Dattaram went near the accused, accused 1 gave a lathi blow on his forehead. Dattaram sustained a bleeding injury and fell down unconscious. Baburao, P. W. 5, rushed to lift his injured father. At that time accused 2 dealt a stick blow and thereby caused injury to the left hand finger of Baburao. Accused 1 also gave a stick blow to the complainant Dashrath when he was trying to lift his father. Sadashiv Mayekar, Arjun Godkar, P. W. 7, Jairam Godkar and others who had assembled there separated the parties and thereafter the accused went to their house. The injured Dattaram was carried to the hospital at Sawantwadi. Sawantwadi police were informed on phone from the hospital. Thereupon Head Constable Dabholkar went to the hospital. He found Dattaram lying in a serious condition and was unable to talk. He asked Dashrath to come to the police station for lodging the complaint. Dashrath accordingly went to the police station at about 4-10 p. m. and lodged report Exh. 20. On that report offence under Ss. 325, 504 read with S. 34, I. P. C. was registered against the accused. The injured Dattaram who was unconscious did not respond to the treatment given to him at the hospital and he breathed his last on 21st November. Inquest was held and thereafter body was sent for post-mortem examination. Dr. (Mrs.) Rao. P. W. 1, held the autopsy on the same day. On 22nd Nov. , Baburao produced the bloodstained clothes of the deceased Dattaram before the police. It was seized under a panchanama. At the police station the offence was altered from S. 325 to S. 302, I. P. C. After necessary investigation accused 1 and 2 were prosecuted. The learned Additional Sessions Judge, Ratnagiri, on 2nd July 1979 charged accused 1 and 2 that they in furtherance of common intention did commit murder intentionally or knowingly by giving stick blows to Dattaram Babu Godkar and as a result of which he died at Cottage Hospital, Sawantwadi, and thereby they committed the offence punishable under S. 302 read with S. 34. I. P. C. The accused pleaded not guilty to the charge. Their defence was that when they were in their land the deceased Dattaram and his sons armed with sticks arrived in their land and attacked them with sticks. Accused 1 snatched the stick from the hand of Nana and started moving the stick around him. According to accused 1, he did not know who got injured while he was moving the stick around him. Thus the defence was that the accused exercised the right of self-defence at the time of the incident and as such they have not committed any offence.
(3.)THE learned Additional Sessions Judge, after considering the evidence adduced by the prosecution, held that the prosecution failed to prove the charge levelled against the respondents (accused) and acquitted them. Feeling aggrieved, the State has come up in appeal.