RAJENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the appeals have arisen out of the judgment and order of Sessions Case No. 44/2011 which was pending in the Court of learned Additional Sessions Judge, Ahmednagar. The appellants are convicted for diferent ofences by the Trial Court. Both the sides are heard.

(2.) In short, the facts leading to the institution of the appeals can be stated as follows :-

(3.) Accused No. 1 is the father of accused No. 2 and both of them hail from village Narayangavhan, Tahsil Parner, District Ahmednagar. Accused No. 8 was resident of Pune at the relevant time, but he used to visit village Narayangavhan as he had married with a lady from this village. Due to his frequent visits to this village, he had become acquainted with accused Nos. 1 and 2 who were in politics. Accused No. 8 was working in military at the relevant time and he was living in Pune as he was posted there. Accused Nos. 1 and 2 had political rivalry with the deceased Prakesh Kandekar. In the past, accused No. 1 was Sarpanch of village Narayangavhan and for many years this Village Panchayat was under his control. One cooperative society of Narayangavhan was also under control of accused No. 1 for quite some time. Deceased Prakesh had created his own group and this group had come in power both in Village Panchayat and in cooperative society. In the past, one criminal case was fled against associates of deceased Prakash on the allegation that they had attempted to commit murder of nephew of accused No. 1, but few months prior to the date of incident in question, they were acquitted. The deceased used to give complaints against milk diary which was run by accused No. 1 and due to that also, accused Nos. 1 and 2 were feeling harassed. Due to all these reasons accused Nos. 1 and 2 took the decision to fnish the deceased.