NAMDEO HIKU CHIMANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants (original accused Nos.1, 2, 4 & 6) along with three others were charged for offences under Section 147, 148, 302 read with Section 149, Section 307 r/w Section 149 of the Indian Penal Code and under Section 37(3) read with Section 135 of the Bombay Police Act. For the sake of convenience the appellants are referred to in this judgment as per their status in the trial. During the trial, accused No.5 died and hence the trial abated as against him.

(2.) BY his judgment and order dated 23rd August, 1996, the learned Additional Sessions Judge Raigad convicted accused no.1 for offence u/s 302 I.P.C. and sentenced him to suffer R.I. for life and to pay a fine of Rs.1,000/-. In default of the payment of fine, he was to suffer R.I. for six months. Accused no.2 is convicted for the offence u/s 326 of I.P.C. and is sentenced to suffer R.I. for 5 years and to pay a fine of Rs.500/-. In default of payment of fine, he is to suffer R.I. for 3 months. Accused No.4 and Accused No.6 are convicted for the offence u/s 324 of the I.P.C. Each of them is sentenced to suffer R.I. for one year and to pay a fine of Rs.500/- each. In default of payment of fine they are to suffer R.I. for three months each. Accused Nos.3 and 7 are acquitted of the offences under Sections 147, 148, 302 r/w 149, 307 r/w 149 I.P.C. and u/s 37(3) r/w Section 135 of Bombay Police Act. Accused Nos.1, 2, 4 & 6 are acquitted of the remaining offences with which they were charged. This appeal is being preferred by the convicted accused nos.1, 2, 4 & 6.

(3.) P .W. 1 Manaji Patil, who is the complainant, used to originally reside at Jui, Taluka Panvel. The accused along with others belonging to their group had grabbed the Gavaki amount. There was a dispute about the same between the complainant and persons belonging to his group and the accused. The accused used to trouble the complainant and his people. Therefore, the complainant and his people had filed complaint at the police station. However, since the harassment did not stop, the complainant and his people came to reside at Naupada. Deceased Sambhaji Kashinath Bhagat originally belonged to the party of the accused. He was also asking for accounts of the Gavaki amount from the accused. Therefore, the accused started threatening him on account of this, he joined the complainant and his party and came to reside at Naupada.