- (1.)Challenge in this appeal is to judgement rendered by learned IInd Additional Sessions Judge, Beed, in Sessions Case No. 29/1996 whereby and whereunder the appellants have been convicted for offences punishable under section 147, 148, 324 read with section 149 and section 452 read with section 149 of the I.P. Code. They have been sentenced to suffer rigorous imprisonment for one (1) year and to pay fine of Rs. 200/each, in default to suffer rigorous imprisonment for two (2) months cumulatively for the offences punishable under section 147 and 148 of the I.P. Code. They have been further sentenced to suffer rigorous imprisonment for two (2) years and to pay fine of Rs. 300/, in default to suffer rigorous imprisonment for three (3) months for the offence punishable under section 324 read with section 149 of the I.P. Code and have been sentenced to suffer rigorous imprisonment for three (3) years and to pay fine of Rs. 500/, each, in default to suffer rigorous imprisonment for four (4) months for the offence punishable under section 452 read with section 149 of the I.P. Code. Besides, appellant No. 3 Madhukar (original accused No. 3) is also convicted for the offence punishable under section 304 PartII of the I.P. Code and sentenced to suffer rigorous imprisonment for five (5) years and to pay fine of Rs. 1000/, in default to suffer rigorous imprisonment for six (6) months.
(2.)The prosecution case, stated briefly, is that on 20th June, 1995, appellant No. 1 Ashruba had sought handloan of Rs. 1000/from informant - PW Ramrao. The latter expressed inability to lend the amount. In the next morning, his father went to fetch water from well situated in the agricultural land of appellant No. 1 Ashruba around 7 a.m. Then, appellant No.1 Ashruba told him that since money was not lent, he should not draw water of the well. At about 8 a.m., after PW Ramrao had returned home, the appellants went to his house. They were armed with sticks. They were abusing him and his father. On seeing them running towards his house with sticks in their hands, PW Ramrao and his father went inside the house and closed the two (2) entrances available to enter the house property. There was roof of corrugated zinc sheets on his residential premises. Appellant No. 1 Ashruba and appellant No. 6 Vishwanath climbed on the roof top. They pulled away a couple of corrugated zinc sheets. They dropped themselves through the slit inside the house. Father of PW Ramrao got removed the latch of one of the entrance doors. All of a sudden, the appellants No. 2 to 5 barged inside the house. They started beating PW Ramrao and other inmates of the house. They indiscriminately gave blows of sticks on the persons of the inmates of the house. In the course of beating, appellant No. 3 Madhukar dealt severe blow of the stick on head of deceased Bhanudas who was the uncle of PW Ramrao. They also assaulted his sister and brother. Thus, they had committed the house trespass with preparation to assault PW Ramrao and his family members. They were armed with sticks and indiscriminately got wounded PW Ramrao, PW Bhagwan, his father, PW Pandit, PW Pramila, PW Hanumant and deceased Bhanudas. They received bleeding injuries due to the assault mounted by the appellants. After a shortwhile, PW Ramrao went to the Police Station at Majalgaon. He gave information regarding the incident to the police. The Police Station House Officer deputed three (3) police constables with him. They went to the village locality of NipaniTakli alongwith PW Ramrao. The injured persons including injured Bhanudas were rushed to the Primary Health Centre at Majalgaon in the police jeep vehicl. They were subsequently sent to the Civil Hospital at Beed. After about one week, injured Bhanudas succumbed to the injuries received by him, while he was under medical treatment in the Civil Hospital. On basis of the FIR (Exh39) lodged by PW Ramrao, Crime No. 80/1995 was registered at the Police Station, Majalgaon against the appellants for the offences punishable under section 147, 148, 149, 452, 326, 324 and 323 of the I.P. Code. After the death of Bhanudas, the offence punishable under section 302 of the I.P. Code was added during course of the investigation.
(3.)The appellants were arrested. On basis of their confessional statements, the sticks, which were said to be the weapons of the assault, were seized. The blood stained clothes of injured Bhanudas and others were also recovered under separate seizure panchanamas. The statements of injured and other witnesses were recorded. On basis of the material gathered during course of the investigation, the appellants were chargesheeted for the offences for which the crime was registered against them.