SAHEB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Twenty-two persons stood accused of the murder of Madhavrao Krishnaji Gabare and were tried by the learned Additional Sessions Judge, Basmathnagar, Maharashtra, in Sessions Trial No. 20 of 2006. By judgment dtd. 24/4/2008, the learned Additional Sessions Judge held nine of them guilty of offences punishable under Ss. 148, 302 and 324, both read with Sec. 149, of the Indian Penal Code, 1860 (IPC). They were sentenced to imprisonment coupled with fine. Aggrieved thereby, all nine of them filed appeals under Sec. 374 Cr.P.C. before the High Court of Judicature of Bombay, Aurangabad Bench. Accused No. 2 (Khemaji S/o Maroti Gabare), was the appellant in Criminal Appeal No. 695 of 2008, Accused No. 3 (Saheb S/o Maroti Bhumre), was the appellant in Criminal Appeal No. 89 of 2009; and Accused No. 5 (Sitaram Pandurang Gabare), was the appellant in Criminal Appeal No. 618 of 2009. By judgment dtd. 6/12/2010, a Division Bench of the High Court sustained the conviction of Accused Nos. 2, 3 and 5 and acquitted the remaining six accused on the ground that the charges levelled against them were not specific in relation to the injuries afflicted on the deceased and other injured persons. Accused Nos. 2, 3 and 5 were also acquitted of the offence punishable under Sec. 324 IPC read with Sec. 149 IPC, but their conviction under Sec. 302 IPC read with Sec. 149 IPC and under Sec. 148 IPC were confirmed. Aggrieved thereby, Accused Nos. 3 and 5 are in appeal before this Court. Criminal Appeal No. 313 of 2012 was filed by Saheb, Accused No. 3, while Criminal Appeal No. 314 of 2012 was filed by Sitaram Pandurang Gabare, Accused No. 5. Significantly, Khemaji S/o Maroti Gabare, Accused No. 2, did not choose to file an appeal against the confirmation of his conviction.

(2.) Both the appellants were incarcerated on 8/4/2006 and remained in custody. It was only on 30/6/2016 that this Court directed their release on bail. In effect, the appellants have suffered imprisonment for over ten years.

(3.) The case of the prosecution was as follows: On 8/4/2006, at about 7.30- 8.00 pm, the deceased Madhavrao Krishnaji Gabare and his family members, viz., his wife, Janakibai Gabare, their son, Ganesh, and their daughter-in-law, Annapurnabai, and others were attacked by the accused with axes and sticks at the residence of the deceased in Village Singi. On Janakibai Gabare's complaint, FIR No. 36 of 2006 was registered. The deceased was stated to have expired on the spot. His post-mortem examination revealed that he had suffered as many as nine injuries. The cause of his death was ascertained as-head injury and intracranial hemorrhage with multiple fractures. Nine other persons were said to have been injured during the incident. The cause for the altercation was stated to be political rivalry. The deceased, as per his widow, was the Sarpanch of the Village about 15 years prior to the incident and since then, Khemaji and Sambhaji, two of the accused, were on inimical terms with him. Thereafter, Laxmibai, the wife of the nephew of the deceased, became the Sarpanch of the Village, leading to further animosity. Significantly, both Khemaji and Sambhaji were the nephews of the deceased being the sons of his brothers, Maroti and Deorao.