RAOSAHEB NARAYAN THENGAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of Appellant/Original Accused Nos. 1 to 7 and 9, and the learned counsel appearing on behalf of Appellant/Original Accused No. 8. The Appellants are challenging the judgment and order dated 20 th August, 2005 passed by the I st Ad-Hoc Additional Sessions Judge, Solapur, convicting them for the offence punishable under Section 143 read with S. 149, Section 144 read with S. 149, Section 147 read with S. 149, Section 148 read with S. 149, Section 302 read with S. 149, Section 506 read with S. 149 of the Indian Penal Code.

(2.) The prosecution case in brief is as under- . It is case of the prosecution that on the date of incident i.e. 17-3-2004 there were altercations between two rival parties, on the ground of agriculture over a dispute of bund (i.e. the boundaries) of their respective agriculture lands, and the deceased Ankush was abused by the accused. The deceased Ankush told the accused that he would be coming back along with others. Accordingly, the deceased Ankush returned back along with other witnesses to question the accused as to why he had abused the him. According to the prosecution, accused were hiding behind the bushes and were armed with sticks and other weapons. The prosecution case is that when the witness and the deceased questioned the accused, Accused No. 8 Shashikant suddenly came there and inflicted a blow on the chest of the deceased with the knife and Accused No. 1 thereafter assaulted the deceased Ankush with iron rod, as a result of which he fell down. The prosecution case is that other accused also caught hold of the other witnesses.

(3.) The deceased Ankush was initially taken to the police station, and thereafter he was taken to the nearest clinic. However, they were advised to take the victim to the Primary Health Centre Tembhurni. By the time, deceased Ankush was taken to Tembhurni, but he had succumbed to injuries and died.