SUKHDEO VINAYAK TUKA RAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A small village called Anterweli in Tehsil Gangakhed Distt. Parbhani on June, 4, 1982 at about 2.00 p.m. witnessed the gruesome murders of three brothers, namely Hari, Govinda and Limbaji, sons of Tuljiram Bhobale, and Narayan son of Bapu Tayade who happened to be their nephew (sisters son) at the hands of a riotous mob of nearly forty Wanjari people residing in the same village. In the said rioting incident, apart from four deaths, as many as six persons, namely, Sopan (PW. 2), Kondabai (PW 6), Bapu (PW 7), Thul Chand (PW 8), Kundlik (PW 21) and Vithal (PW 22) - the complainant had sustained serious injuries. The deceased persons and injured witnesses belonged to Budha community whereas most of the accused persons numbering forty belonged to Wanjari community. In substance, the members of Wanjari community had attacked the members of Budha community.

(2.) The members of the Wanjari community of village Anterweli firmly believed that the members of Budha community were involved in committing thefts and dacoities in the neighbouring villages thereby causing a bad reputation to the residents of the said village. The members of the Budha community were earning their livelihood either as agricultural labourers or taking the lands of Wanjari people on lease. Some members of the Budha community were also working as Watandar Ramoshis (night watchman). In view of the alleged notoriety of the Harijan community as a whole, the Wanjari community decided not to engage the services of the former either as agricultural labourers or as tenants of their lands. Rift between the two communities further widened because of constant bickerings between them. The Harijan community people having found that their living in the said village had rendered miserable, they decided to migrate to the village Mankhed in Ahmedpur taluka, Distt. Latur and accordingly had shifted to that village about one and a half years before the incident in question took place.

(3.) It is the prosecution case that 3/4 days prior to June 4, 1982, the three brothers (since deceased), their nephew Narayan (since deceased) along with their family members and friends came to their village Anterweli to attend the marriage of their relation which was to take place in the said village and also to settle few financial commitments that deceased Govinda had made to Gyanik (A-8). During that period. Babu son of Rama Jayebhaye belonging to Harijan community was being taken to police station at Gangakhed for having abused Sopan Mukada, the Wanjari, under the influence of liquor. Govinda who was then present negotiated with A-8 in the presence of Prabhu (A-5), Shivaji (A-7), Arun (A-22) and Udhav (A-39) by requesting him to let Babu be freed and took responsibility to pay Rs. 1500/- by way of compensation. This amount was, however, not paid to A-8 till the date of incident. This incident had added to further severe bickerings between them and Wanjari people took it as a serious insult. In order to patch up the differences, Govinda (since deceased) and A-8 and his associates had a meeting at the house of Sita Ram Patil as Shelmoha which is about 2 Km. away from village Anterweli. It was then decided that Govind would pay the amount to A-8 and would not enter the village Anterweli. In view of this compromise, Govinda, his brothers, Narayan and other family members shifted to a place adjacent to village Anterweli and started living there. The marriage of the relative of Govinda took place on 1st June, 1982 without any disturbance.