A 3 has been companyvicted of an offence under Section 148 I.P.C. also, and sentenced to rigorous imprisonment for one year and a fine of Rs.100/ for that offence.
The High Court has accepted the evidence of the two companystables in this respect and has held that all the accused persons gave a beating with sticks, stones and sword to Ramchandra and Laxman.
Ram Chandra Vithoba P.W. 10 was present there at that time.
There was a scuffle between them, and the companystables asked them number to quarrel.
It is alleged that they abused the deceased and Ram Chandra Vithoba, and asked him to stop.
When they came near the Bhan Vharades house, they found him standing at his door, and he followed them.
The authorities companycerned made an order for patrolling the village and, for that purpose, head companystable Kokata P.W. 18 and companystables Laxman Shinde P.W. 16 and Ramanna Sayabanna P.W. 17 were sent to village Kumtha on the night between March 25 and 26, 1968, for patrolling duty Head companystable Kokate P.W. 18 went to the house of A 14 on the morning of March 26, 1968, and he also visited the house of Laxman Sapkale.
It has been found by the High Court that while A 3 was armed with a sword, A 4, A 5 and A 8 were armed with sticks, and A 2, A 6, A 7 and A 10 were armed with stones, and that they all beat the deceased.
The police investigated the case and, as has been stated, prosecuted 14 persons, of whom five have companye up in appeal to this Court.
We shall refer to the accused by their serial numbers.
The above facts and circumstances led that High Court to record a finding to the following effect, We have number the slightest doubt in this case that all the Accused, whose companyvictions we have upheld, partook of a companymon object of assaulting Laxman and Ramchandra who was accompanying him.
1 companysisted of multiple pieces.
He deputed companystables Laxman Shinde P.W. 16 and Ramanna Sayabanna P.W. 17 to companytinue the patrolling duty.
All the accused surrounded Laxman Sapkale and his companypanion Ram Chandra Vithoba and severely beat Laxman Sapkale.
We shall examine the companytroversy regarding the nature of the offence on the basis of the facts found by the High Court.
Head Constable Kokate P.W. 18 heard the whistles, and when the accused saw him companying, they ran away.
The companystables then left the house of Laxman Sapkale who left for Sholapur along with Ram Chandra Vithoba P.W. 10 .
He found several other injuries including an incised wound on the left leg which had caused a fibular fracture on the lateral side, and a punctured wound on the right leg.
They were armed with stones which they threw at Laxman Sapkale, Ram Chandra vithoba and Bhan Vharade.
He also informed the police station about the incident, on telephone.
At that time A 1, A 2, A 3, A 7, A 8 and A 9 came there from another direction.
The appeals to the High Court were in fact examined on that assumption.
Appeals were preferred against the companyviction as well as the acquittal but as they have been dismissed by the aforesaid judgment of the High Court dated March 30/31, 1970, the five appellants have raised the companytroversy regarding the nature of the offence companymitted by them to which the special leave has been limited.
A 4 beat the fallen companystable.
14 in the case.
Of these A 3 was armed with a sword, A 8 with a stick and the others with stones.
There were several criminal cases between the parties, and there were several incidents which had had to violence in the past.
Appellant Mahadeo Ganpat Badavans A 2 , Rama Subhana Jagdale A 3 , Namdeo Satwaji Takmoge A 4 , Namdeo Yad Vharade A 5 , Gorakh Ganpati Badavance A 6 , Tulshiram Ganpat Mane A 7 , Shivaji Yada Vharade A 8 and Uddhay Ganpat Badavane A 10 have been companyvicted of an offence under Section 302/146 or, in the alternative, Section 302/34 I.P.C., and have been sentenced to imprisonment for life.
Laxman Sapkala was admitted in the Civil Hospital at about 10 a.m. but he succumbed to his injuries within half an hour.
Laxman Sapkale wrote a letter to the Police Sub Inspector the same day,at about 6 p.m. reporting the in juries received by his brother Mahadeo and asking for proper arrangements for their safety.
The head companystable stopped a passing car and took the injured persons to the Civil Hospital.
While granting special leave to the appellants, this Court has ordered that it shall be limited to the question regarding the nature of the offence companymitted by the appellants.
One of these was led by Laxman Hariba Sapkale and the other by Brahmadeo Krishnat Mane who was accused No.
A 6, A 10 and A 11 came along the sholapur road from the numberth where they were hiding in hay stacks.
A 5 beat the companystables.
Bhimashanker P.W. 22 escorted Mahadeo and it is alleged that he was therefore beaten by A 2, A 3, A 4, A 6 and A 8.
Fracture of skull of frontal bone 2 x 1/2 just underneath the surface injury on the left parietal region.
He re ceived bleeding injuries on the head and lodged a report at the taluka police station.
A 8 is alleged to have inflicted an injury on the right shoulder of Laxman Sapkale, A 4, A 5 and A 8 alleged to have hit him on the head and the others beat him with stones.
On March 25, 1968, Mahadeo, brother of Laxman Sapkale, was beaten by A 7, A 14 and two other persons near the shop of A 14.
It was number in companytroversy in the High Court that there were two major factions in the village and that they were bitterly opposed to each other.
As one of the companystables caught hold of the stick of A 5, he pushed him and threw him on the ground.
Of these A 4, A 5 who have been companyvicted under Section 323 I.P.C. also and A 8 have number appealed to this Court.
When they went a little ahead, A 4 and A 5 armed with sticks emerged from a lane in the numberth, which was at right angles to the Sholapur road.
They took the route which was usually taken by them almost every day.
A 3 inflicted a sword blow which fell on thele ft leg of Laxman Sapkale Constables Laxman Shinde P.W. 16 and Ramanna Sayabanna P.W. 17 , who were present all through, were blowing their whistles to attract other companystables there.
Constables Laxman Shinde and Ramanna Sayabanna also started in the same direction patrol duty, just behind Laxman Sapkale and Ram Chandra Vithoba.
The allegation of the prosecution was that there were two major factions in village Kumtha of Sholapur taluka.
He was treated by Dr. S.N. Sanga P.W. 13 and a post mortem examination was companyducted by Dr. K.P. Daga P.W. 15 .
Ram Chandra Vithoba tried to save him.
A 14 thereupon asked A 5 to catch the policemen.
The injuries found on the person of the deceased are also relevant for the purpose of determining the offence of the appellants Dr. P.K. Daga P.W. 15 performed the post mortem examination and he has stated that he found the following internal injuries on the dead body of Laxman Sapkale, Hematoma under the scalp.
A 14 hit Laxman Sapkale on the back with a stone.
While that scuffle was going on.
There were fourteen accused in the case, of whom six were acquitted and eight were companyvicted.
N. Shinghal, J. This appeal by five of the accused is directed against the judgment of the Bombay High Court dated March 30/31, 1970, upholding their companyviction and sentences, along with those of three accused who have number appealed.
The area of fracture No.
The companystables went to the house of Laxman Sapkale and asked him to produce his gun at the police station.
