STATE OF MAHARASHTRA AND MANOHAR KASHINATH GHODAKE Vs. MANOHAR KASHINATH GHODAKE AND STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a little unusual case being an offshoot of the companion case. The present accused Nos. 1 and 2 are accused Nos. 8 and 7 respectively in the companion case. The theatre of the offences is the same village Ambe of District Solapur. The present offences are a sequel to and were committed within about three months of those which are a subject matter of the companion case and were the result of the enmity between the same two families of the said village.

(2.) One Ganpat Shinde of the said village had six sons, Bhagwan, Gajendra (murdered in the companion case), Mahada, Shiva (injured in the companion case), Bhiwa (murdered in the present case) and Balkrishan, (injured in the present case) and all of them were residing separately in their respective houses, in the same village. These brothers belonged to the Janata Party. One Baban Gaikwad, the deceased in the present case, was a leader of the Congress Party and the accused were his supporters. There was political rivalry between the two groups which was also responsible for criminal cases being filed by one of the said brothers Shiva against the deceased Baban and members of his group. The deceased Baban was the Village Sarpanch for about 10 years prior to the date of the incident. On 10-9-1979, on account of an attack made by the deceased Baban, the present accused and six others, the hands and legs of one of the said brothers Shiva were chopped off while another brother Gajendra was murdered. In that connection, the Pandharpur Taluka Police Station registered a crime against the said accused for offences under sections 120-B, 147, 148, 307 read with 149 and 302 read with section 149 of the Indian Penal Code. However, the present accused and the deceased Baban who were the principal culprits in that offence, were absconding. The villagers and particularly the witnesses in the said case were terrorised by the absconding accused and a near-panic situation prevailed in the village ever since the said incident. Hence, a police party headed by H.C. Bhanudas Godse (P.W. 11) and two Constables attached to the said Police Station as well as an Armed Police party consisting of one Head Constable and three Constables from Solapur Headquarters came to be posted in the village from the next day i.e. 11-9-1979, for giving protection to the witnesses and the family members of the victims. Despite a diligent search made by the Investigating Officer in the case, the absconding accused were not traced. Hence a proclamation for their appearance and attachment of their immovable properties was issued by the Judicial Magistrate, Pandharpur. Shiv, the injured brother in the case was discharged from Solapur Hospital on 21-11-1979 and continued to stay at Pandharpur for treatment till he was brought to the village on 11-12-1979 and kept in the house of his deceased brother Gajendra for considerations of security. This precaution to lodge Shiva in the said house was necessitated by the fact that the absconding accused were threatening the villagers that they would destroy the evidence by killing Shiva who was obviously a material witness in the said case. After Shiva was thus lodged in Gajendras house, the police party which was already in the village as well as the relatives of Shiva became more alert and in order to ensure proper security to Shiva, they kept a watch on the house, from the Mosque known as "Barabhai Masjid" which was almost opposite the house of Gajendra and was separated from it only by a distance of about 25 feet. Krishna Pawar (P.W. 23) is a social worker and hails from another village called Mrawade and is also the maternal nephew or Ganpat Shinde the father of the targeted brothers. He used to visit village Ambe and stay there often after the said incident of 10-9-1979. Since Shiva was brought to the village, Krishna Pawar was halting there. On 12-12-1979, Krishna Pawar not the Additional Superintendent of Police, Solapur and apprised him of the danger to Shivas life as well as to the entire progeny of Ganpat Shinde, on account of the constant threats received from the accused, and requested him to secure the arrest of the absconding accused. He was one of the persons who used to sit in the said mosque along with others viz., Head Constable Godse (P.W. 110, Dariba (P.W. 13) i.e. a son of the deceased Gajendra, Shatrughna (P.W. 14), Ganpat (P.W. 18), Balkrishan (P.W. 20), Mahadeo Sagar and the deceased Bhiva to keep a security watch on the house of the deceased Gajendra where Shiva was lodged.

(3.) At about 1.30 p.m. on 13-12-1979, the aforesaid persons were sitting as usual chitchatting with each other. An armed Constable Hole was in the Grampanchayat office. One of the members of the police party had gone out of the village without permission and the other Constables had gone on sick leave. Balkrishna fell asleep and was lying on the ground. All of a sudden, the deceased Baban and both the present accused appeared on the scene. Baban and accused No. 1 Manohar being armed with swords and accused No. 2 Atmaram with an axe. No sooner they arrived, Baban gave a blow of his sword on the legs of Balkrishan who was sleeping. The others sitting there were bewildered by this sudden attack and got up. Shatrughna (P.W. 14) and Dariba (P.W. 13) got frightened and ran towards the house of Gajendra. Mahadeo Sagar also ran away. Thereafter, Baban gave a blow by the sword to Krishna Pawar (P.W. 23) who swiftly moved behind and avoided the blow. Baban again tried to hit Krishan Pawar caught hold of his hand and grappled with him from behind. Head Constable Godse (P.W. 11) jumped and caught hold of accused No. 2 Atmaram and tried to remove the axe from his hand. There was a scuffle between the two and ultimately Godse succeeded in snatching away the axe from the hands of accused No. 2. In the process, he received an injury on his right hand. As soon as he was disarmed, accused No. 2 Atmaram ran away from the spot. Accused No. 1 Manohar then gave blows by his sword on the right thigh and forehead of Balkrishan who was already injured on his leg by Baban. While Baban was still in the grip of Krishna Pawar, Baban shouted to accused No. 1 Manohar, to come to his help and release him. Accused No. 1 rushed and hit his sword on the hands of Krishna Pawar and chopped off his right palm from the wrist. Accused No. 1 then gave a second below on the right leg of Krishna Pawar. However, the pointed sword touched the floor and the below lost its force causing only a light injury to the right leg of Krishna Pawar. When the grip of Krishna Pawar, on account of the injuries received by him, became loose, Badan released himself, and Krishna Pawar ran towards the Gram Panchayat office to summon the Police Constable stationed there. Baban, on becoming free, rushed with the raised sword in his hand, towards Bhiwa. Head Constable Godse managed to catch hold of Baban and there ensured a scuffle between the two. During the course of the scuffle, Bhiwa managed to snatch away the sword from the hands of Baban while Head Constable Godse held Baban. Baban then gave a forceful jerk to Godse as a result of which Godse tumbled away, dashed against an electric pole, felt down and reeled under the impact. Baban who thus became free moved toward Bhiwa but the latter who had now Babans sword in his hand, gave him blows on his legs by the sword as a result of which Baban fell down. Bhiwa however continued his assault and gave two to three further blows to him. Godse who had in the meanwhile recovered from the momentary giddiness, told Bhiwa not to assault Baban any more. While the attention of Bhiwa was thus attracted to wards Godse, accused No. 1 came from behind and gave a blow by the sword on the head of Bhiwa. Bhiwa fell down. Accused No. 1 however persisted in inflicting blows and gave two to three more blows and then ran away towards the side of Maruti Temple, carrying the sword with him. This incident was witnesses by Dariba (P.W. 13) and Shatrughna (P.W. 14) from the house of Gajendra and by Ganpat (P.W. 18) who was nearby