The appellants were also companypacted under Section 326 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous Imprisonment for a period of one year.
The appellants were also companyvicted under Section 323 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of one month only.
The prosecution case in short is as follows.
All the sentences were to run companycurrently.
1 took out a knife and in self defence started using It against the aggressors as a result of which some members from the opposite party might have received injuries.
The prosecution case is that the companyplainant Narayan Balu, Panda Shingade, Yeshwant Patil, Gana Patll and Nairn Gadade happened to be there casually and on the companyplainants intervention the dispute was settled.
2 hit Nana Gadade with the handle of the spear.
Then the appellants and the party of the deceased came across each other on the foot track in Narayans fields.
Again the companyplainant Intervened and pacified the parties whereupon appellant Hariba left the place and went towards his flour mill.
Appellant No.
The appellants denied the charge and pleaded a right of self defence.
Appellant No.
2 and 8 with sticks and stones.
1 carried two spears in his hand, one of which he handed over to appellant No.
Injury was caused to the index finger of the companyplainants right hand.
Thereupon, Panda beat appellant Hariba with a chapal and Dnymuba beat him with fists.
Thereupon Yeshwant Patil fell on his person to save him and appellant No.
The companyplainant tried to snatch the spear from the hands of appellant No.
The appellants then went to their farm house.
Thereafter Hariba who is an old man of 75 arrived at the shop of Gulab and without any rhyme or reason started abusing Panda Shingade.
Shortly thereafter appellants Trakaram end Hariba came to the shop of Gulab.
The appellants sustained injuries.
1 and his wife were companying to the place of the incident When they approached, the opposite party pelted stones at them and both of mem sustained injuries.
The appellants who were in their farm house saw the party going along the foot track and they left the farm house and went towards the approaching party.
On 3rd July, 1966 Dnyanuba went to the shop of one Gulab Kalawat at Taluka Sangda in Sholapur District for getting some grocery on credit.
Tukaram was armed with an iron pipe.
Disregarding this request, at the instigation of appellant No.
At the same time appellant No.
8, appellant No.
Then Dmyaimba requested the appellants number to beat them since the quarrel was settled.
There were criminal prosecutions between the appellants and some members of the party of Dnyanuba Gadade.
line shop keeper declined to give him grocery and a quarrel ensued between the two.
I stabbed Yeshwaut Patil on his back.
This defence was that the party of the deceased Dnyanuba which companysisted of about 15 to 20 persons were the aggressors and were beating the appellants Nos.
Dnyanuba and his companypanions companytinued to sit at the shop of Gulab for more than an hour.
Apprehending that the appellants might beat Dnyanuba and Panda, the companyplainant went ahead and entreated the appellants number to rake up the quarrel which was already settled.
2 OBI the way.
In the melee appellant No.
Then the party of Dnyanuba thought that it would number be safe to allow Dnyanuba to go alone, they all started going towards the house by a foot track which passed through the land of one Narayan Mali.
2 stabbed Dnyanuba with a spear on his chest.
In the memorandum of appeal filed by the appellants before the High Court at Bombay, the principal questions raised by the appellants were these.
Then 5 members of the party or the deceased began to pelt stones at the appellants.
Dnyanuba then companylapsed.
Dnyanuba and prosecution witness Panda Shingade appeared in those cases as witnesses against the appellants.
The appellants Dnyanu, Tukaram and Hariba were companyvicted raider Section 302 read with Section 34 of the Indian Penal Code and each of them was sentenced to undergo imprisonment for life.
N. Ray, J. This is an appeal by special leave against the judgment of the High Court at Bombay dated 26th June, 1987 dismissing in limine the appeal filed by the appellants against the judgment of the Additional Sessions Judge, Sholapur dated 6th February, 1967.
