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7. The case of the prosecution, in brief, is that there had been a quarrel between one Mithu Tukaram Gaikwad and the accused on one hand and the deceased -

Maroti Jalba Jogdand on the other on 27th June, 1998. All of them are the residents of village Koli, Taluka 5 APEAL_54701 Hadgaon, District Nanded. The deceased Maroti had taken an agricultural land of one Tukaram Paradhi for cultivation on Batai basis in the year 1998. On 8th July, 1998, he had gone to plough that land in the morning. Sheshrao, (who is the son of the deceased Maroti), his wife i.e. the informant Shobhabai, and one Kavita aged about 10 years, who is the niece of Sheshrao, also went to that land after some time. All of them started coming back to the village at about 6.00 p.m. When they reached near the agricultural land of accused No.13 - Kailash, he untied the bullocks from the yoke of the plough and restrained the deceased Maroti from proceeding further. Accused No.1 came from behind the deceased Maroti and gave blow of axe on his head and hands. Thereafter, the other 20 accused persons and others came to that spot armed with sticks and axes and assaulted the deceased Maroti. Accused Nos.1 and 3 had caught hold of the deceased Maroti. The deceased Maroti sustained serious bleeding injuries. He fell down on the ground. The accused persons jumped on the abdomen of the deceased Maroti with a view to confirm that he expired. Thereafter, accused No.18 rushed towards the informant Shobhabai armed with a stick, asking her as to what she 6 APEAL_54701 was watching. The informant and Kavita got frightened and started running towards the village. The accused persons also rushed towards Sheshrao, armed with sticks and axes and beat him with sticks. Sheshrao did not come home in the night.

20. The informant - Shobha (P.W.1) deposes at Exhibit 74 that on the day of the incident at about 05.30 p.m. to 06.00 p.m., after having done the agricultural work, the deceased - Maruti, Kavita (P.W.6), Sheshrao (P.W.12) and herself were going back to their village from agricultural land of one Tukaram Paradhi which were taken by the deceased Maruti for cultivation on batai basis. The deceased - Maruti was driving the bullocks attached to the yoke of the plough. They reached neaer the field of accused No.13 - Kailash Maroti Chautmal (Manusmare). Accused No.13 obstructed the plough of the deceased Maruti and untied the bullocks from the yoke. Thereafter accused No.1 came 16 APEAL_54701 there and gave axe blow to the deceased - Maruti. Accused No.23 instigated the other accused persons to assault the deceased - Maruti. The hands and legs of the deceased - Maruti were fractured. The accused persons made the deceased - Maruti to roll down on the ground. Accused No.7 then started chasing Kavita and herself. Both of them rushed to their house. This is what is the account of the incident narrated by the informant.

24. Sheshrao (P.W.12) deposes that when the informant, Kavita (P.W.6), the deceased - Maruti and 19 APEAL_54701 himself were going back to their house from the agricultural land of one Tukaram Paradhi and when they reached near the land of Manusmare, accused nos. 1, 4, 6, 10, 11, 13, 14, 15, 20, 21 and 23 came out of a hut that was in that land. Accused no.13 obstructed the plough and untied the bullocks from the plough. Accused no.23 asked other accused persons to assault the deceased - Maruti. Then accused no.1 gave an axe blow on the back portion of the neck of the deceased - Maruti. The deceased - Maruti fell down. Thereafter, accused nos. 10 and 21 gave axe blows to the deceased - Maruti. Accused nos. 6, 7, 17, 18 and 22 gave stick blows on the person of the deceased - Maruti. He was shouting for help but accused nos. 6 and 7 inflicted two stick blows on his person and therefore, he ran away from the spot of the incident.

DELAY IN LODGING F.I.R.

30. The incident took place on 8th July, 1998 at about 5.30 p.m. in the agricultural land of one Manusmare, situated within the local limits of village Koli. Sheshrao (P.W.12) states that there is a police outpost at village Nivgha and that village Koli comes within the local limits of the said police outpost. P.H.C. Chavan (P.W.7) (Exh.89) states that on 8 th July, 1998 he was on duty at police outpost, Nivgha. On that day one Ram Kale and one woman from Paradhi community met him and informed that Maruti was assaulted with sticks and axes. Then he went to village Koli and visited the house of the deceased - Maruti. After disclosing his identity, the informant opened the door of the house of the deceased - Maruti. She told him 24 APEAL_54701 that Maruti was assaulted by the villagers and was murdered by sticks and axes near the field of Manusmare. In para 2 of her deposition the informant states that after she opened the door of the house, the police took her to the Police Station Hadgaon where she narrated the incident before the police and the police recorded the F.I.R. (Exh.75). This version has been contradicted by herself in para 4 of her cross-examination, where she admits that after the police visited her house in the night and asked her about the incident, she narrated about the incident before the police and the police recorded it. She further admits that after recording her report, Anjanabai, other family members and herself were taken by the police to the spot of the incident where the dead body of Maruti was lying. The endorsement of F.I.R. (Exh.75) shows that it was scribed as narrated by the informant in the police station Hadgaon itself on 9th July, 1998 at 7.30 a.m. The prosecution has not produced the F.I.R. that was recorded by PHC Chavan (P.W.7) in the night of the incident when he visited the house of the deceased - Maruti and got the information about the incident from the informant.