MARUTI RAMA NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Fifteen accused persons including the two appellants herein who were arrayed as A-11 and A-15, were charged for offences punishable under Sections 147, 148, 302 read with 149, 307 read with 149, 325 read with 149 and 337 read with 149, IPC before the Additional Sessions Judge, Raigad at Alibag in Sessions Case No. 128/1994. Since only two appellants are before us, it may not be necessary for us to refer to the facts pertaining to the other accused persons in this case.

(2.) As stated above, said appellants were A-11 and A-15 before the trial Court. These two accused persons along with some other accused persons were convicted firstly for an offence punishable under Section 302 read with Section 149, IPC for having committed the murder of one Krishna Mahada Naik and were sentenced to undergo imprisonment for life, and to pay a fine of Rs. 2,000/-. They were also convicted under Section 307 read with Section 149, IPC and sentenced to suffer 7 years RI and to pay a fine of Rs. 2,000/- for having attempted to commit the murder of one Dharma Jana Naik, PW-3. The learned Sessions Judge also convicted these accused persons for other lesser offences, details of which are not necessary for disposal of these appeals. In an appeal filed before the High Court of Judicature at Bombay by the convicted accused persons which also included the two appellants herein, the conviction and sentence of these appellants under Section 302 read with Section 149, IPC for having caused the death of said Krishna Mahada Naik was confirmed. They were also convicted for offences punishable under Sections 147 and 148, IPC and were sentenced to undergo one year RI and to pay a fine of Rs. 1,000/- each. Appellant Maruti Rama Naik was also convicted under Section 325, IPC for having caused injuries to PW-3 and was sentenced to undergo 3 years RI and to pay a fine of Rs. 2,000/-. However, these appellants were not found guilty for having caused the death of the other accused - Krishna Nama Bhoir. It is against the said judgment and conviction these two appellants have preferred the above appeals. Brief facts necessary for the disposal of these appeals are as follows : All the accused persons, including these appellants, deceased and the prosecution witnesses were residents of a village by name Koli in Panvel taluk of Raigad district. There were two groups in the said village and the said groups were at loggerheads because of certain Government contracts acquired by one group or the other. It is in the background of these disputes, the prosecution alleges that on 22-3-1999 on the outskirts of the said village, the accused persons who were 15 in numbers, attacked Krishna Mahada Naik, one of the deceased, between 7.30 and 8 a.m. with deadly weapons like swords, knives, sickles etc. due to which attack the said deceased was seriously injured. According to the prosecution, this incident was witnesseed by PW-3 who was then travelling on his scooter along with a pillion-rider, namely, Narayan Ganu Naik (not examined). The prosecution also alleges that Dhanraj Ambu Bhoir, PW-4, also noticed the said incident. The further case of the prosecution is that the accused persons after assaulting said Krishna Mahada Naik chased PW-3 who by then had turned his scooter and drove the same towards the village and took refuge in the house of one Suresh Kana Naik. The accused persons allegedly entered the house of said Suresh Naik and dragged PW-3 out of the house and started beating him with swords, knives, sickles etc. and due to which PW-3 suffered injuries. The prosecution alleges that after the attack on PW-3, the accused went to the house of one Gangaram Naik, broke open the door of his house and attacked one Krishna Nama Bhoir who happened to be in that house (who later died) and then attacked Pandharinath Ram Bhoir, PW-5 and Bharat Krishna Naik, PW-6 who were also injured because of the said attack. It is the prosecution case that one Meena Mohan Naik, PW-2, went to the city Police Station and narrated the incident to Police Sub-Inspector Sopan Kadu Choudhary, PW-21 who after recording the facts in the station diary proceeded to the sense of occurrence and shifted all the injured persons to the Municipal Dispensary, Panvel. The prosecution alleges that Krishna Nama Bhoir made a dying declaration before the Special Executive Magistrate, PW-13 at Panvel. It is the further case of the prosecution that PW-2 again went to the city Police Station, Panvel and gave a written complaint to the Sub-Inspector, and it is based on the said complaint, a crime was registered against all the accused persons and further investigation was undertaken by PW-21. Out of the injured persons, Krishna Mahada Naik and Krishna Nama Bhoir died while being treated in the hospital. PW-3 who was one of the injured persons was first taken to Bombay for treatment and thereafter brought back to Panvel where his statement was recorded on the day following the incident on 23-3-1993 at about 10 a.m. The prosecution also alleges that in the meantime, the statement of PW-4 was recorded at about 6 p.m. on 22-3-1993 in the village where he was residing. During the course of the investigation, it is stated that the accused persons including the appellants herein were arrested on 31-3-1993 near a Railway building in the village Dapoli, and on statements made by these appellants, certain blood-stained weapons like sickles and spear were recovered from the bushes near a Railway crossing. It is based on the above prosecution case that the accused persons including the appellants were tried by the Additional Sessions Judge, Raigad, who convicted them, as stated above, and which conviction to the extent stated hereinabove, was confirmed by the High Court.

(3.) Mr. V. Rao Anumolu and Mr. S. M. Jadhav, learned counsel appearing for A-11 and A-15 respectively, contended that the Courts below seriously erred in basing a conviction as against these appellants on the evidence of PWs.-3 and 4 who are the only two witnesses who have deposed against these appellants. They contended that these two witnesses are highly interested witnesses either having related to the deceased or owing allegiance to the faction to which the victims in this case belonged. They also pointed out from record that the conduct of these two witnesses after the incident in question was highly artificial and opposed to ordinary human conduct. Therefore, a conviction on such unreliable evidence of PWs. 3 and 4 could not have been based so far as these appellants are concerned.