POPAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.04.2017 passed by learned Additional Sessions Judge, Osmanabad, in Sessions Case No.1 of 2016, whereby the appellants herein have been convicted for the offences punishable under Sections 147, 148, 307, 353, 332, 225 and 506 read with Section 149 of Indian Penal Code and sentenced to imprisonments. The details of conviction and sentences are given in the tabular form as under :-

(2.) The facts, giving rise to the present appeal, are as follows:-

(3.) Rajendra Motale (PW 4) was an Officiating Police Station Officer (P.S.O.), Yermala Police Station. On 31.01.2012, he received a tip-off that Popat (Accused no.1) had come to his residence. PW 4 - Rajendra accompanied by his sub-ordinate police staff went to the house of Popat (A1). It was 1.30 p.m. Having seen the police party, Popat (A1) hid behind an Indica car, stationary nearby his house. PW 4 - Rajendra and his staff overpowered Popat (A1) and informed him to have been arrested in the said crime. Sitabai (Accused no.2), wife of Popat (A1), made hue and cry. Ashabai (Accused no.3) and other female members of Popat's family gathered. They resisted the police party from taking Popat (A1) to police station. During the melee, Popat (A1) asked his wife Sitabai (A2) to fetch kerosene. He loudly said "he would set at least one of the police personnel on fire". Sitabai (A2) brought a can containing kerosene, an empty vessel and a match-box and splashed kerosene on the person of PW 4 - Rajendra. She then ignited a match-stick with a view to set him afire. Other police personnel could successfully prevent her from setting PW 4 - Rajendra ablaze. Other women members (A3 to A6) of Popat's family and absconding accused, pelted stones at the members of the police party. Three-four police personnel were injured. Additional police force from kalamb Police Station was summoned. Thereupon, female offenders fled away. The police party brought Popat (A1) to the police station. PW 4 - Rajendra lodged the FIR (Exh.55).