SUBHASH BHAGWANTA NALAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against Judgment and order dated September 12, 2002 passed by learned Additional Sessions Judge, Pune in Sessions Case No. 42 of 2000. By the impugned judgment and order the learned Sessions Judge convicted Accused No. 1-Balu J. Nalawade, Accused No. 4-Anil J. Nalawade, Accused No. 6-Jayaram Narayan Nalawade and Accused No. 7-Subhash Bhagwant Nalawade for the offence punishable Under Section 148 Indian Penal Code, 1860 (for short "IPC") and they were sentenced to suffer Rigorous Imprisonment for one year. They were also convicted for the offence punishable Under Section 302 read with Section 149 IPC and were sentenced to suffer Imprisonment for Life and to pay fine of Rs. 3,000/- each, in default to suffer further Rigorous Imprisonment for one year. They were further convicted for the offence punishable Under Section 326 read with Section 149 IPC and were sentenced to suffer Rigorous Imprisonment for three years and to pay fine of Rs. 1,000/-each, in default to suffer further Rigorous Imprisonment for six months. They were also convicted for the offence punishable Under Section 324 read with Section 149 IPC and were sentenced to suffer Rigorous Imprisonment for one year and to pay fine of Rs. 5,000/-each, in default to suffer further Rigorous Imprisonment for one year. All the substantive sentences were ordered to run concurrently.

(2.) Criminal Appeal No. 1103/2002 is preferred by the original Accused No. 7-Subhash, Criminal Appeal No. 1365/2002 is preferred by original Accused No. 1-Balu, Accused No. 4-Anil and Accused No. 6-Jayaram. Criminal Appeal No. 208/2003 is preferred by the State Government against the order of acquittal against the original Accused Nos. 2, 3, 5, 8 to 17 and 19 to 22. Initially the State had also preferred this appeal against the Accused No. 18-Deepak Digambar Kakade. After admission of the appeal action Under Section 390 of the Code of Criminal Procedure, 1973 (for short Cr.PC.) was ordered. Accused No. 18 did not furnish bail and was reported to be absconding. Non bailable warrant was issued against the Accused No. 18 and was sent for execution to Police Inspector, Velha Police Station, Pune. The API of Velha Police Station reported that the said accused was not traceable at his native place. In view of this, Mrs. V.R. Bhosale, learned APP filed an application for deleting the name of Respondent No. 14 (Accused No. 18) from this appeal and sought liberty to file separate appeal against the said Accused. By our separate order dated March 5, 2010 we have allowed the application and permitted deletion of Respondent No. 14 (Accused No. 18) with a liberty to the State to file separate appeal against him. Since all these appeals are directed against the impugned judgment and order dated September 12, 2002 they are heard together and are being disposed of by this common judgment.

(3.) The case of the prosecution is that the incident in question occurred on October 12, 1999 on the way to Osade village at about 9 to 9.30 a.m. Dilip Yashwant Gavade, since deceased was in a service of one Lala Jori. He used to drive jeep for transport of passengers from Pune to Panshet. On October 12, 1999 the jeep was proceeding towards Panshet. PW2-Narayan Kumbhar and one Baban Jadhav, since deceased, boarded the jeep at village Donje for going to Panshet. PW3-Kundlik Shahade and PW4-Suresh Dalvi joined them at Vardale Phata. On the way PW5-Narayan Jori of village Malkhed also boarded the jeep for proceeding to the field.