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[Per: Dr. Shalini Phansalkar-Joshi, J.]

1. All these three appeals are arising out of one and the same judgment and order dated 14.2.2008 of learned Sessions Judge, Pandharpur, in Sessions Case No.68 of 2006, hence they are being decided by this common judgment. For the sake of convenience, therefore, the parties are referred to by their original nomenclature.

2. By the impugned judgment, accused No.1 Hari is convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.10,000/- in default to undergo rigorous imprisonment for six months. He is also convicted for the offence punishable under Section 324 and 506 (II) of the IPC and is sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.2,000/-, in default to undergo rigorous OJ 242 OF 2008.doc imprisonment for three months on each count. Accused Nos 2 to 4 are convicted for offence punishable under Section 323 r/w Section 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for 1 year and to pay fine of Rs.1,000/- in default to suffer rigorous imprisonment for 45 days. Hence, being aggrieved by the same, Criminal Appeal Nos 224 of 2008 and 242 of 2008 are preferred by the accused Nos. 1 and 2 to 4, respectively.

OJ 242 OF 2008.doc Accused Nos 2 and 3 are the sons and accused No.4 is the wife of accused No.1. Accused were running a sugar-cane juice shop in front of the house of P.W.8 Sangita. Just four months prior to the incident, accused Nos 1 to 3 had abused and assaulted P.W.7 Sagar and complaint thereof was lodged at Pandharpur Police Station. Police had taken action against accused on that count.

7. The persons residing nearby, namely, P.W.7 Anil Babar, Mahesh, and Nitin Bajarangi tried to intervene in the incident, but they were not successful. After assault, accused OJ 242 OF 2008.doc fled from the spot. Deceased Chandrakant and P.W.7 injured Sagar were taken to the Municipal Hospital at Pandharpur where P.W.3 Dr. Sudhir Deshpande examined P.W.7 Sagar and found one incised wound on his right leg and left palm with abrasion on his right shoulder. Chandrakant was declared to be dead on admission. On conduct of autopsy on the dead body of Chandrakant, P.W.3 Dr. Deshpande, found one chop wound on neck which according to him has resulted into the cause of his death.

Further to completion of investigation, chargesheet came to be filed in the J.M.F.C. Court at Pandharpur.

10. In due course the case came to be committed to the trial Court. The trial Court framed charge against accused vide Exh.2. Accused pleaded not guilty and claimed trial. They raised a specific plea of right to private defence and to prove this plea, they examined in all six witnesses; whereas the prosecution examined 11 witnesses to prove its case.