MURARILAL JIVARAM SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal appeal on obtaining special leave is filed by the appellants who are original accused Nos. 3 and 4 respectively. These two appellants along with three accused (acquitted) were tried for offences punishable under S. 120-B, 302/120-B, 307/120-B of the Indian Penal Code or in the alternative under Ss. 302, 302/34, 307, 307 read with S. 34 of the Indian Penal Code. A-4 was also tried for an offence punishable under S. 27 of the Arms Act, The Addl. Sessions Judge, Pune, by his judgment and order dated 24th March, 1988, convicted all the five accused for an offence punishable under S. 120-B of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life; they were also convicted under Ss. 302/120-3 of the Indian Penal Code for causing death of Umesh Shetty and each one of them was sentenced to undergo life imprisonment; they were also found guilty under Ss. 302/120-B of the Indian Penal Code for causing death of Shankar More and were sentenced to undergo imprisonment for life; they were further convicted under Ss. 307/120-B of the Indian Penal Code for the offence of attempt to commit murder of Sham Sule (PW 15) and each one of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 500/- each; in default to undergo RI for one year. A-4 (Deshrathaing Koksing Tomar) was convicted under S. 27 of the Arms Act and sentenced to suffer RI for five years and to pay a fine of Rs. 100/-; in default to undergo further RI for six months. All the substantive sentences were ordered to run concurrently. Being aggrieved by the judgment and order passed by the Addl. Sessions Judge, Pune, the accused persons preferred Criminal Appeal No. 379 of 1988 to the High Court at Bombay. The High Court vide its judgment and order dated March 13/14, 1991, accepted the appeal of A-1, A-2 and A-5 and acquitted them of all the charges; however, the convictions of A-3 and A-4 under Ss- 120-B, 302/120-B. I.P./c. (for two murders), were altered to S. 302/34, I.P.C. for committing the murder of Umesh Shetty and Shankar More (two counts) and sentences of imprisonment for life maintained. Their conviction and sentence under Ss. 307/120-B, I.P.C. were upheld. A-4 was also convicted under S. 27 of the Arms Act, but, no substantive sentence was awarded. The High Court directed all substantive sentences to run concurrently. The appellants, being aggrieved by the judgment and order passed by the High Court has filed this appeal to this Court.

(2.) The prosecution story at the trial was as under:- Khandala, a hill station in Pune district is very popular holiday resort during Monsoon. The shooting resulting into two deaths, namely, of Umesh Shetty and Shankar More occurred on July 17, 1986 at about 11.50 a.m. at Khandala when it was drizzling. Umesh Shetty was said to be a sympathiser of Shiv Sena whereas A-5 was the President of rival organisation called Maratha Mahasangh Maval Tehsil. He also happened to be Muncipal councillor of Lonavala Municipality. A-2 is his real brother who was running a country liquor shop near Saibaba Temple outside Railway Station, Lonavala, which is situated at a distance of about 4/5 kilometers from Khandala. A-1 was the rickshaw puller residing at Shriram Hutment Area, Gavaliwada, Lonavala. A-3 and A-4 at the relevant time were working in the liquor shop run by A-2 and were residing at Ashok Hutment Area, Lonavala.

(3.) Umesh Shetty was the resident of a village called Shiv Sena in Maval Tehsil. It was stated that he had a big following having a considerable influence of Shiv Sena at Lonavala city and adjoining area which was not appreciated by A-5 who happened to be the leader of Maratha Mahasangh of Lonavala city. The relations between them were strained and inimical too. Prior to the day of occurrence, several cases were pending between these two groups in Criminal Courts at Vadagaon Maval and Sessions Court at Pune and some of them ended in acquittal.