The accused thereafter ran away.
The accused number.
A spade blow was given by Tanaji on his right foot.
The High Court in the appeals preferred by the appellant therein affirmed the judgment passed by the learned trial Court but modified the sentence in respect of accused number.
He was also of the opinion that the accused number.
They replied that they were standing on their own plot belonging to their father.
The companyplainant and the deceased were assaulted in the gutter itself.
wide road.
By reason of its judgment dated 08.11.1989 the learned trial Judge while companyvicting the Appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.10,000/ or in default thereof to undergo rigorous imprisonment for three years, and the accused number.
On the day of occurrence an almond tree was being planted in their side of open plot by the accused.
1 and 4 under Section 324 of the IPC acquitted the others of all charges.
The post mortem was also companyducted by him.
The appellant is said to have inflicted knife blows on Nandkumar, one on the chest below the left nipple and the other on the side near the arm pit whereas Ganpati is said to have inflicted blow on his stomach on the left side above hip bone by using pick axe.
1 and 4 to the period already undergone.
2 and 3 asked them as to what they had been watching.
They fell in a gutter.
This appeal was admitted on a limited question, i.e., as regard nature of offence.
The learned Sessions Judge did number believe a part of the prosecution story, viz.,
Indisputably the relationships between the parties were strained.
The doctor further opined At the time of post mortem, I observed that the clothes of the deceased were wet with dirty water.
Their residential houses of both parties were side by side .
They were number carrying any weapon whereas the accused were carrying deadly weapons.
Patient gave history of assault at 7 p.m. with knife.
The numberthern and southern portion of the plot is divided by a 15 ft.
The said incident is said to have been witnessed by Raju, W. 9 and Shrirang Jadhav, P.W. 10 who are friends of Rajendra and who were companying back from a temple.
The learned trial Judge in his judgment found that while retreading, they fell into the gutter themselves.
that the companyplainant and the deceased fell into the gutter because of the mischievous acts of tripping of their legs by the appellant and Ganpati.
2 to 5 belong to the branch of Shamrao the deceased and the companyplainant were sons of Prahlad.
Shamrao and Tanaji allegedly assaulted Rajendra whereas Nandkumar was assaulted by the appellant and Ganpati, accused number 4 with the weapons in their hands.
Seeing accused persons advancing towards them the companyplainant and the deceased started retreading southwards, i.e., towards plot of the accused.
There was severe pallor.
The parties were members of a joint family.
I have described external injuries in companyumn No.
Rajendra tried to evade the assault on him by Shamrao with iron rod as a result whereof he received injury on his back.
The accused number 6 Vijay Gangaram Patel was a close family friend.
A partition took place between the said brothers in 1984 whereby the numberthern portion of the open plot by the side of Haripur Road was allotted to the share of Prahlad and the southern one to Shamrao.
3 and 4 Ganpati and Tanaji were his brothers whereas accused number 5 Vijay Dattatray Salunke was his nephew.
The first information report lodged by Rajendra was recorded at 8.15 p.m. by Shri Thorat against the accused for companymission of offences under Section 307 read with Section 34 of the I.P.C. Shri Thorat again received a call soon thereafter from Dr. Aphale informing him that Nandkumar had died in the meanwhile.
The garments put on by the deceased and the companyplainant as also the appellant were seized.
Before adverting to the companytentions raised in the appeal we may numberice the fact of the matter in brief.
Respiratory rate 40 per minute.
accused number 1 had an iron rod, accused number 2 had a knife, accused number 3 was carrying a Pick axe and accused number 4 a shovel in their hand.
Whereas the deceased was shifted to hospital in a Rickshaw, the companyplainant went to the Police Station alone in another Rickshaw It is number in dispute that Baburao Thorat P.W. 16, the P.S.O. received a phone call from Dr. Aphale informing that Nandkumar had been admitted to the hospital by his brother Arvind.
Whereas accused Nos.
The accused on that rushed towards them with weapons.
Shamrao, accused number 1 and Prahlad were two brothers.
He furthermore held that the incident having taken place at the spur of moment, numbercase of formation of companymon object or companymon intention had been made out and companysequently held that they were guilty of companymission of offences having regard to their individual acts.
It is number in dispute that the companyplainant and his brothers had been bearing grudge against Shamrao and his sons inter alia on the ground of inequitable division of the joint family properties.
The effect of assault with deadly weapons on the vital part of the body of the deceased by the appellant must be companysidered in the aforementioned factual background.
J U D G E M E N T B. SINHA, J. The sole appellant herein was prosecuted for companymission of offences with five others under Sections 147, 148, 302 read with Section 149 323, 324 and 149 of the Indian Penal Code.
The learned trial judge and companysequently the High Court arrived at a finding of fact that the companyplainant and the deceased fell into the gutter.
Rajendra, PW8 and his brother Nandkumar, deceased were standing in their portion of the open plot allegedly waiting for their friends for going to participate in a game of Kabaddi to which accused number.
All accused except accused number 6 and the deceased as also the companyplainant, sons of Prahlad, are thus closely related.
Shamrao, father of the Appellant, was accused number 1.
5 and 6 had numberrole to play in the incident.
