SANJAY BAJIRAO NAGANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these both these appeals arise out of the same set of facts and a common impugned Judgment, we are disposing them off by one Judgment.

(2.) THROUGH these two appeals, the appellants challenge the Judgement and order dated 5-2-1997 passed by the Additional Sessions Judge, Solapur, in Sessions Case No. 64 of 1996, whereby they have been convicted and sentenced in the manner stated hereinafter :---

(3.) SHORTLY stated the prosecution case runs as under :--- The informant-Namdeo Barde P. W. 4 is the husband of Rukmini Barde P. W. 5, the father-in-law of Jayshree Barde P. W. 6, brother-in-law of Savitri Barde P. W. 11 and the father of the deceased Vilas Barde. At the time of the incident, the informant and the said persons were living in village Bitargaon Taluka Madha District Solapur. The appellants, acquitted accused Bhanudas Patil and the absconding accused Hanumant Londhe are also said to be the residents of the said village. The appellants were the members of the Congress party and their leader was the acquitted accused Bhanudas Patil. Initially, Namdeo Patil also belonged to the congress party but when about five to six months before the incident, the Shiv-Sena party was created in village Bitargaon, he became its president. This irked the appellants and the acquitted accused Bhanudas Patil. What irked them more was that in the year 1995, the informant Namdeo contested Gram Panchayat election against the acquitted accused Bhanudas Patil. Although he was defeated but, Bhanudas Patil and the appellants were not magnanimous in the hour of their triumph and on 14-8-1995 at about 3 to 3. 15 p. m. first the appellant Chandrakant Barade peeped inside the informants house and thereafter along with other appellants and the absconding accused Hanumant Londhe entered his house. The appellants - Sanjay Nagane, Prabhakar Mali, Kalidas Dupare and Rajak Shaikh were armed with iron bars. The remaining appellants and the absconding accused Hanumant Londhe were armed with sticks. They started belabouring the informant with the said weapons. The appellant - Devidas who was the real brother of the acquitted accused Bhanudas was saying that the informant had established the Shiv-sena party. Seeing the informant being assaulted, his wife Rukmini Barde P. W. 5 implored the appellants and Hanumant Londhe not to assault him, but, they paid no need to her request. After assaulting the informant Namdeo Barde, the appellants and Hanumant Londhe proceeded to the field of one Dashrath Barde which as per the local inspection by the trial Judge was situated about 1? furlongs to 2 furlongs from the house of the informant and where the informants son Vilas assisted by his wife Jayshree P. W. 6 and his aunt Savitribai alias Savitri P. W. 11 was doing masonry work. In the said field near a cattle shed, they belaboured Vilas and thereafter ran away. After the appellants and others had made themselves scarce, Jayshree Barde asked Savitri to remain there and she came to the house and informed her father-in-law Namdeo Barde and mother-in-law Rukmini Barde about the assault on Vilas. She noticed Namdeo Barde was also grievously injured. Thereafter, Jayshree and Rukmini came to Dashrath Bardes field where Vilas was lying. From there, Vilas was removed to the informants house. Thereafter, Rukmini Barde along with Vasudeo Barde P. W. 14 proceeded to Kurduwadi Police Station. At about 5. 30 p. m. they reached near Kurduwadi naka where they found Dhananjay Dikole P. W. 15 standing. Rukmini informed Dhananjay Dikole that her husband and son had been assaulted and both were seriously injured. She asked Dhananjay to accompany him to the Police Station and Dhananjay acceded to her request. At the Kurduwadi Police Station, Dhananjay requested that a jeep be sent to bring the injured. Accordingly, the police arranged for a jeep. In the same, Rukmini along with a constable left for her house. Thereafter putting Namdeo and Vilas in the jeep, she came to Kurduwadi Rural Hospital.