Judgment

SARKARIA

( 1 ) BHAGWAN Tana Patil, appellant herein was tried along with his brothers, Sahadu Tana Patil and Atmaram Tana Patil, and his cousin, Bhimrao Dagadu Patil by he 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 15/09/1967. Appellant was convicted under Section 324, Penal Code and sentenced to two years rigorous imprisonment and a fine of Rs. 200. 00 for causing an injury to Baliram Ukha with a knife. His three companions were also convicted for the same injury under Section 323 read with Section 34, Penal Code. All the four accused were further convicted under Sections 325/34 and 324/34, Penal Code, for causing grievous hurt to Bhagwan Parshram and simple hurt to Maharu Baliram, respectively.

( 2 ) ON appeal, the High Court of Bombay maintained the conviction and sentence of Bhagwan Tana Patil but acquitted the other three accused persons of all the charges levelled against them. Aggrieved by the said decision. Bhagwan Tana Patil has appealed to this Court by special leave.

( 3 ) THE brief facts of the case may now be stated.

( 4 ) 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. Baliram Ukha had grown hybrid Jowar in his field. Sitaram Patil had raised ordinary Jowar crop in his adjacent land, which was likely to have an injuries effect on the hybrid Jowar of Baliram Ukha. The latter was, therefore persuading Sitaram Patil to cut and remove his ordinary Jowar. Sitaram Patil had agreed to do so in a meeting held on 15/09/1967, for this purpose. This was, however, resented to by the accused. 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 contested the election as rival candidates. Baliram Ukha was defeated and the appellant was elected.

( 5 ) ON 15/09/1967 at about 10 p. m. , Baliram Ukha was in the first floor of his house, while his son, Maharu Baliram, was sitting on the ota (a ledge) in front of his residential house. Bhimrao (accused 4) came there and tauntingly asked Maharu Baliram as to why he was telling the people that he (Bhimrao) was preventing Sitaram Patil from removing his ordinary Jowar crop from the land. Immediately after flinging this question. Bhimrao started giving fist blows to Maharu. Moments later, Shahadu (accused 2) and Atma Ram (accused 3) armed with sticks and iron bar, also arrived and joined in the assault to Maharu. The hue and cry raised by the victim attracted persons from the neighbourhood. Baliram Ukha, also after having a look of the scene from the window in the first floor, came down to the spot to rescue his son. The appellant was standing there with a Jambia (knife) in hand, proclaiming that he would deal with whosoever dared intervene. As soon as Baliram Ukha came on the spot, the appellant stabbed him (Ukha) with the Jambia in the stomach. Baliram Ukha gave out a cry. 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. In the struggle the dhoti of the appellant got loose and fell at the spot. The appellant then bolted away leaving his dhoti behind. The other accused also took to their heels. At that moment, Tulsiram Dagadu, P. W. 1, came out to the spot from his house, which is only 100 or 125 feet away in the same street. Baliram Ukha told him that the appellant has stabbed him with the Jambia in the stomach. 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