Dr. Aggarwal, P.W.6.
While Baliram Ukha was taken inside his house, Tulsiram Dagadu fetched ,the local Medical Officer, Dr. Thakare P.W.5 , who stitched the wound of Baliram and bandaged it with the same dhoti, which had been left behind by the appellant.
The Head constable reached the spot on the 16th September, 1967 at 3 a.m. On the other hand, the appellant and Bhimrao accused 4 also reached Police Station, Badhgaon, at 6.30 a.m. on the 16th September and lodged a companynter complaint, to the effect, that they had been assaulted at about 9 30 p.m. on the evening of 15th September in front of the house of Bhimrao accused 4 by the prosecution witnesses, Baliram Ukha, Maharu Baliram, Bhagwan Parsharam and others.
Dr. Thakars.
Aggrieved by the said decision.
They further stated that the Jambia, which was being wielded by Maharu Baliram, accidentally fell on his father, Baliram Ukha, and caused the injury.
Exh.6, at about 12 30 a.m. and sent the Kha bari Report, Exh.
Bhagwan Tana Patil has appealed to this Court by special leave.
48, to Police Station, Badhgaon, 18 miles away.
Besides 11, there was the testimony of five Medical Officers viz.
for causing an injury to Baliram Ukha with a knife.
for this purpose.
P.S.I. Thakur arrested the appellant on the 16th, accused 2 and 3 on the 25th September and accused 4 on the 2nd October, 1967.
The latter was, therefore, persuading Sitaram Patil to cut and remove his ordinary Jowar.
Bhagwan Parsharam and Maharu Baliram were examined and rendered medical aid by Dr. Thakare at 8 a.m. on September 16, 1967.
Baliram Ukha gave out a cry.
P.S.I. Thakur sent these injured accused to the Medical Officer, Dr. Gune P.W. 8 .
of Chalisgaon Dispensary was also brought at 6 a.m. He removed Baliram Ukha in a car to Dhulia Civil Hospital,where he remained under the treatment of Dr. Wani for about 11 days till his discharge from the Hospital on September 27, 1967.
200/ .
On appeal, the High Court of Bombay maintained the companyviction and sentence of Bhagwan Tana Patil but acquitted the other three accused persons of all the charges leveled against them.
Un September 15, 1967, at about 10 p. m., Baliram Ukha was in the first floor of his house.
Evidence was also given by Tulsi Ram Daeadu P.W.1, to the effect that be, fore him, immediately after the assault, Baliram Ukha had denounced the appellant as his assailant.
The main evidence in the case companysists of the statements of the injured witnesses, Balirarn Ukha P.W.2, Maharu Baliram P.W.12 and Bhagwan Parasharam P.W. 13.
This was, however, resented to by the accused.
The dhoti of the appellant was also seized vide Panchnama, Exh.38.
The fields of Sitaram Patil, a brother of the appellant, and those of Baliram Ukha P.W.2 are situate in the vicinity of each other in the area of village Gudhe.
Appellant was companyvicted under Section 324, Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs.
He himself reached Gudhe on September 16, 1967, at 1 30 p.m. , and took over the Jambia, Exh.
In the struggle the dhoti of the appellant got loose and fell at the spot.
Dr. Thakare then sent both of them to Dr. Gune, P.W.8, who further sent them for radiological examination to Jalgaon Civil Hospital.
The Head Constable recorded the informants companyplaint.
Baliram Ukha was defeated and the appellant was elected.
Sitaram Patil had raised ordinary Jowar crop in his adjacent land, which was likely to have an injurious effect on the hybrid Jowar of Baliram Ukha.
Bhagwan Parshram P.W.13 , who had already reached the scene, caught hold of the appellant by the hand, and, in spite of the stick blow given by accused 3, succeeded with the help of Maharu, in snatching away the Jambia from the appellant.
The companynter case, in which all these material prosecution witnesses were arraigned as accused persons, was also companymitted to the same Court for trial The Additional Sessions Judge found that the evidence of the prosecution witnesses in the instant case, was substantially true.
34, from Maharu Baliram, to whom it had been entrusted by Bhag wan Parsharam after snatching it from the appellant.
Thereafter, Tulsiram accompanied by Daga Shrawan, went to the Police Outpost, Kolgaon 3 to 3 1/2 miles away, and reported the matter to Head constable Gorakh Patil P.W.16 at 12 midnight.
He, however, rejected the companynter version set up.
It numbered that the prosecution witnesses had failed to give any satisfactory explanation of the incised injury found on the appellant accused 1 and Bhimrao accused 4 .
In the result, he companyvict ed all the four accused in the present case, but acquitted Baliram Ukha his companypanion in the cross case.
All the four accused were further companyvicted under Sections 325/34 and 324/34, Penal Code, for causing grievous hurt to Bhagwan Parsbram and simple hurt to Maharu Baliram, respectively.
Baliram Ukha told him that the appellant had stabbed him with the Jambia in the stomach.
Dr. Gune, Dr. Aggarwal, Dr. Mandore and 1Wani, who had examined or treated the injured persons.
by the accused.
As soon as Baliram Ukha came on the spot the appellant stabbed him Ukha with the Jambia in the stomach.
The brief facts of the case may number be stated.
The skiagram taken by Dr. Mandore, revealed a fracture of the proximal phalanx of the right ring finger of Bhagwan Parsharam.
On appeal, the High Court reappraised the evidence of these prosecution witnesses against the back ground of defeat of Baliram Ukha at the hands of the appellant in the Panchayat elections of 1964 65.
Baliram Ukha had grown hybrid Jowar in his field.
and his companysin, Bhimrao Dagadu Patil by the Additional Sessions Judge, Jalgaon, on charges under Sections 307, 323, and 325 read with Section 34, Penal Code, arising out of an incident that took place at village Gudhe on September 15, 1967.
S. Sarkaria, J. Bhagwan Tana Patil, appellant herein was tried along with his brothers, Sahadu Tana Patil and Atmaram Tana Patil.
His three companypanions were also companyvicted for the same injury under Section 323 read with Section 34, Penal Code.
and the dispute over the removal of the Jowar crop between the parties.
All the accused denied the prosecution allegations against them and set up a companynter version that accused 4 was assaulted by Baliram Ukha, Maharu Baliram and other prosecution witnesses at about 9 30 p.m. in front of the house of Bhimrao, accused 4, with a Jambia, with the result, that the appellant and accused 4 received injuries.
Accused 2 and 3 totally denied their presence at the scene of the incident.
Another factor which possibly affected the relations of Baliram Ukha with the appellant was that in the elections to the Gram Panchayat held in the year 1964 65, Baliram Ukha and the appellant companytested the election as rival candidates.
After companypleting the investigation, he laid a charge sheet in Court against all the four accused persons.
