SHIVAJI BHAGOJI MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals arise out of a common judgment and order of conviction and sentence passed by the IInd Additional Sessions Judge, Osmanabad, in Sessions Case No. 30 of 2008, decided on 17.02.2009. All these appellants are original accused Nos. 1 to 8 in the said sessions case. They are convicted of offences punishable under Sections 147, 148, 304 part II read with 149 of the Indian Penal Code (for short "I.P.C.") and Section 367 read with Section 149 of the I.P.C. or offence punishable under Section 147 of the I.P.C., each of the accused is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-, in default, to suffer rigorous imprisonment for one month. For offence punishable under Section 148 of the I.P.C. each of the accused is sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for two months. For offence punishable under Section 304 Part II read with Section 149 of the I.P.C. each of the accused is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for two months. For offence punishable under Section 367 read with 149 of the I.P.C., each of the accused is sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for two months.

(2.) Brief facts giving rise to these appeals may be stated as below:

(3.) It is further prosecution case that on 23.12.2007 Abasaheb Chavan, who was cousin of deceased Uttam wanted to purchase she-buffalo. Therefore, P.W.3-Abasaheb Chavan along with deceased Uttam went on a motorcycle to Patoda. However, they did not approve any she-buffalo and therefore they were returning back to village Ekabi Tanda. On way back they stopped at Somani Petrol Pump at Ujni at about 2.00 p.m. for filling petrol in the motor-cycle. At that time accused No. 6 Manik and his son Ramesh (who was later on identified as accused No. 7 - Bibhishan), accused No. 8 Shivaji Mali and two more persons came to the petrol pump in black and yellow jeep bearing No. MH-25-B-607. Three out of them had sticks in their hands. They came to the place where P.W.3-Abasaheb and deceased Uttam were standing and started abusing and beating Uttam. At that time one white tracks jeep bearing No. MH-24/1559 came. From said jeep accused No. 4 - Shivaji, accused No. 6 Sahebkhan Pathan, accused No. 1 Sugriv and accused No. 5 Dilip alighted. On seeing those persons, Uttam started running away. When P.W.3-Abasaheb tried to intervene, he was abused and manhandled. Uttam went into Tur crop, adjoining the petrol pump. The accused persons chased him and brought him back and put him in the white tracks jeep. Ramesh (who was later on identified as accused No. 7 - Bibhishan) and accused No. 1 Sugriv pressed down his neck with stick. They were asking Uttam why he had duped them and they were also beating him. Both jeeps went away. The incident was seen by Baburao Bidve and Subhash Randiwe. Thereafter, P.W.3-Abasaheb tried to inform about the incident to his father, but he could not contact. Therefore, he went to Ekabi Tanda and told the incident to his father and also wife of Uttam. Other relatives gathered. At about 4.30 p.m., he received phone message from police that Uttam had died and his dead-body was at Dhoki. P.W.3-Abasaheb and other relatives went to Primary Health Centre (P.H.C.) Dhoki where the dead-body of Uttam was lying. There was injuries on the dead-body. Thereafter, P.W.3-Ahasaheb lodged the complaint as stated above.