MAHADEO GANPAT BADAVANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by five of the accused is directed against the judgment of the Bombay High Court dated March 30/31, 1970, upholding their conviction and sentences, along with those of three accused who have not appealed. There were fourteen accused in the case, of whom six were acquitted and eight were convicted. We shall refer to the accused by their serial numbers.

(2.) Appellants Mahadeo Ganpat Badavans (A-2) Rama Subhana Jagdale (A-3), Namdeo Satwaji Takmoge (A-4), Namdeo Yeda Vharade (A-5), Gorakh Ganpati Badavans (A-6) Tulshiram Ganpat Mane (A-7), Shivaji Yeda Vharade (A-8) and Uddhay Ganpat Badavans (A-10) have been convicted of an offence under Section 302/149 or, in the alternative, Section 302/34, I.P.C. and have been sentenced to imprisonment for life. Of these A-4, A-5 (who have been convicted under Sec. 323, I.P.C. also) and A-8 have not appealed to this Court. A-3 has been convicted of an offence under S. 148, I.P.C. also and sentenced to rigorous imprisonment for one year and a fine of Rs. 100/- for that offence. While granting special leave to the appellants, this Court has ordered that it shall be "limited to the question regarding the nature of the offence" committed by the appellants. It will therefore be sufficient to state those facts which bear on the controversy.

(3.) The allegation of the prosecution was that there were two major factions in village Kumtha of Sholapur taluka. One of these was led by Laxman Hariba Sapkale and the other by Brahmadeo Krishnat Mane who was accused No. 14 in the case. On March 25, 1968, Mahadeo, brother of Laxman Sapkale, was beaten by A-7, A-14 and two other persons near the shop of A-14. He received bleeding injuries on the head and lodged a report at the taluka police station. Bhimashankar (P.W. 22) escorted Mahadeo and it is alleged that he was therefore beaten by A-2, A-3, A-4, A-6 and A-8. Laxman Sapkale wrote a letter to the Police Sub-Inspector the same day, at about 6 p.m. reporting the injuries received by his brother Mahadeo and asking for proper arrangements for their safety. The authorities concerned made an order for patrolling the village and, for that purpose, head constable Kokate (P.W. 18) and constables Laxman Shinde (P.W. 16) and Ramanna Sayabanna (P.W. 17) were sent to village Kumtha on the night between March 25 and 26, 1968, for patrolling duty. Head Constable Kokate (P.W. 18) went to the house of A-14 on the morning of March 26, 1968, and he also visited the house of Laxman Sapkale. He deputed constables Laxman Shinde (P.W. 16) and Ramanna Sayabanna (P.W. 17) to continue the patrolling duty. The constables went to the house of Laxman Sapkale and asked him to produce his gun at the police station. Ram Chandra Vithoba (P. W. 10) was present there at that time. The constables then left the house of Laxman Sapkale who left for Sholapur along with Ram Chandra Vithoba (P.W. 10). They took the route which was usually taken by them almost every day. When they came near the Bhau Vharade's house, they found him standing at his door, and he followed them. Constables Laxman Shinde and Ramanna Sayabanna also started in the same direction on patrol duty, just behind Laxman Sapkale and Ram Chandra Vithoba. When they went a little ahead, A-4 and A-5 armed with sticks emerged from a lane in the north, which was at right-angles to the Sholapur road. It is alleged that they abused the deceased and Ram Chandra Vithoba, and asked him to stop. There was a scuffle between them, and the constables asked them not to quarrel. A-14 thereupon asked A-5 to catch the policemen. A-5 beat the constables. As one of the constables caught hold of the stick of A-5, he pushed him and threw him on the ground. A-4 beat the fallen constable. While that scuffle was going on A-6, A-10 and A-11 came along the Sholapur road from the north where they were hiding in hay stacks. They were armed with stones which they threw at Laxman Sapkale, Ram Chandra Vithoba and Bhau Vharade. A-14 hit Laxman Sapkale on the back with a stone. Ram Chandra Vithoba tried to save him. At that time A-1, A-2, A-3, A-7, A-8 and A-9 came there from another direction. Of these A-3 was armed with a sword, A-8 with a stick an the others with stones. All the accused surrounded Laxman Sapkale and his companion Ram Chandra Vithoba and severely beat Laxman Sapkale. A-8 is alleged to have inflicted an injury on the right shoulder of Laxman Sapkale. A-4, A-5 and A-8 are alleged to have hit him on the head and the others beat him with stones. A-3 inflicted a sword blow which fell on the left leg of Laxman Sapkale. Constables Laxman Shinde (P.W.16) and Ramanna Sayabanna (P.W.17), who were present all through, were blowing their whistles to attract other constables there. Head Constable Kokate (P.W. 18) heard the whistles, and when the accused saw him coming, they ran away. The head constable stopped a passing car and took the injured persons to the Civil Hospital. He also informed the police station about the incident, on telephone. Laxman Sapkale was admitted in the Civil Hospital at about 10 a.m. but he succumbed to his injuries within half an hour. He was treated by Dr. S. N. Sanga (P.W. 13) and a post-mortem examination was conducted by Dr. K. P. Daga (P.W. 15). The police investigated the case and, as has been stated, prosecuted 14 persons, of who five have come up in appeal to this Court.