BHAU DHARMA DIWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for suspension of sentence under Section 389 of the Code of Criminal Procedure, 1973, and to enlarge the applicant Bhau Dharma Diwane (accused no.3) on bail till disposal of the appeal. The applicant has been convicted along with co-accused nos.1, 4, 5, 10 and 17 for the offence punishable under Section 149 read with Section 302 of the Indian Penal Code, 1860 ("the Penal Code"), for having formed an unlawful assembly and caused death of Haribhau ("the deceased") in prosecution of the common object of the said assembly and sentenced to suffer imprisonment for life and pay fine of Rs.10,000/- with default stipulation. The applicant V. S. Parekar alongwith abovenumbered co-accused, was also convicted for the offences punishable under Sections 148 and 149 read with 324 of the Penal Code and sentenced to suffer various periods of imprisonment and fine for having caused hurt to the prosecution witnesses, namely; Narayan, Vimal, Vatsala and Vasant, in prosecution of the common object of the said unlawful assembly, by the judgment and order dated 27 th November, 2019, passed by the learned Additional Sessions Judge, Kalyan, in Session Case No.68 of 1996.

(2.) The prosecution case, as unfolded by Narayan Diwane (PW-1), the first informant, was that the deceased Haribhau was the Sarpanch of village panchayat Gersai-Palsoli. Accused no.1 Balu was insisting NOC from the villagepanchayat for occupancy rights over 11 acres of the government land. As the villagepanchayat refused to grant NOC, dispute arose between the deceased and accused no.1. There were certain incidents, prior to the occurrence in question on 25th September, 1987, in respect of which complaints and counter complaints were lodged.

(3.) On the date of occurrence, at about 7.15 am. the accused party had gathered armed with weapons. Sanjay, the son of the deceased had gone to a shop to fetch tea powder. The accused abused Sanjay. Thereupon Vasant (PW-4) went to bring back Sanjay. Initially, Vasant (PW-4) was assaulted by the accused. After hearing commotion, Narayan and his other brothers Haribhau, the deceased, and Vilas went thereat. Thereupon accused no.1 Balu Gaikar exhorted the other accused to mount assault on the informant party. Accused Balu had thrown an acid bulb on the person of Haribhau. Accused no.3 Bhau Dharma Diwane had ignited the gelatin stick used for blasting and threw the same on the person of Haribhau, the deceased, who fell down. Thereupon the rest of the accused assaulted the deceased Haribhau and the other witnesses by means of deadly weapons, including sword, axe and sticks. The deceased Haribhau succumbed to the injuries and the rest of the witnesses also suffered grievous injuries.