STATE OF MAHARASHTRA Vs. HARIBHAU ALIAS BHAUSAHEB DINKAR

JUDGEMENT

(1.) In Sessions Case No.72 of 2000 in all six accused came to be tried by the learned VIIIth Additional Sessions Judge, Pune, for the offences punishable under Sections 147, 148, 149, 302, 307 and alternatively under Sections 302 and 307 read with Section 34 of the Indian Penal Code. By the judgment and order dated 18th May, 2001 accused Nos. 1 and 2 came to be convicted for the offences punishable unjder Section 302 read with Section 34 and Section 307 read with Section 34 of I.P.C. They have been sentenced to suffer imprisonment for life on the first charge and R.I. For 7 years for the second charge. Accused No.6 came to be sentenced along with accused Nos. 1 and 2 for the offence punishable under Section 307 read with Section 34 of I.P.C. and on account of village Panchayat elections the Gholap families was fraction ridden. From 25th April, 1999 to 27th April, 1999 there were wedding ceremonies in these families of different branches at village Kari which is about 12 to 16 Kms., away from Bhor town in Pune District. D.W1-Balasaheb Ramchandra Gholap, uncle of accused Nos. 1 and 2 as well as deceased Ankush was the the Sarpanch of village Kari at the relevant time. On 26th April, 1999 the wedding barat in the family of Namdeo Gholap was taken out in the village and during that procession deceased Ankush was assaulted on his head by the brother of accused No. 1 i.e. Vitthal Deoba Gholap and on that count Ankush with the help of P.W.1 and P.W. 7 had registered a complaint with the Police Station at Bhor in the same night. The daughter of Hanumant Maruti Gholap, who is the brother-in-law of P.W.7- Rajendra Gholap was to get married on 27th April, 1999 and, therefore, at about 8.00 a.m. on that day, deceased Ankush Gholap, Dnyanoba Ravba Gholap, Rajendra Gholap (P.W.7) and Shivaji Sanas (P.W.9) left village Kari to go to Bhor in the jeep driven by Sopan Dagadu Gholap (P.W.1) for shopping required for the wedding ceremony. They purchased the goods and had started the return journey.

(2.) However, when the jeep reached at Navi Ali near the shop of one Shri Mhasawade, Dnyanoba Gholap asked Sopan (P.W.1) to stop the jeep as he wanted to purchase coriander and, therefore, all of them stopped near the shop of Mhasawade. Dnyanoba got down from the jeep and went to the vegetable market. After some time while the rest of them were waiting in the jeep the accused party reached there on two different motor bikes. On the first bike drivenm by accused No.3, accused Nos.1 and 2 were pillion riders and on the second motor bike driven by accused No.4 there were two 2 pillion riders i.e. accused Nos. 5 and 6. Both motor bikes stopped near the jeep, all the 6 accused took out weapons from the dickey of the motor bikes, accused No.3 removed the keeys of the jeep and gave fist blow to P.W.1-Sopan Dagadu Gholap. At the same time the remaining accused went behind the jeep and dragged Ankush, Rajendra and Shivaji from the jeep and by then accused No.3 also joined them. Accused started assaulting Ankush, Sopan and Shivaji, Ankuksh was held by accused No.3 and accused Nos.1 and 2 inflicted multiple attackes on him with sharp deadly weapons. Accused No.1 was holding knife (article 10) and accused No.2 inflicted attack by sattur (article No.7). The attack on Ankush was so brutal that his intestine came out and he collapsed. The attacking party then moved to Rajendra (P.W.7) and Shivaji Sanas (P.W. 9). Both of them sustained injuries and P.W.7 went to the nearby dispensary of Dr. Goregaonkar for immediate treatment. P.W.9 was taken by rikshaw to the Government Hospital at Bhor and from their he was shifted to Sancheti Hospital at Pune, whereas the father in law of P.W.7 shifted him in a jeep to K.E.M. Hospital at Pune. P.W.9 was under treatement for about 10-15 days whereas P.W.7 was hospitalised for more than one month and underwent multiple operations. P.W.1 Sopan Dagadu Gholap had managed to run away from the spot though he was chased by accused Nos. 5 and 6 and returned to the spot after some time the accused party had fled on their motor bokes. The police reached the spot after P.W.1 Sopan Dagadu Gholap recorded his complaint at Bhor Police Station at about 11.50 a.m. Ankush was dead on the spot. Inquest Panchanama (Exhibit 36) was drawn and his dead body was sent for Postmortem which was conducted by Dr. Praveen Haribhau Chaudhary (PW 16), at the Rural Hospital, Bhor.

(3.) Initially the investigation was conducted by Ashok Ananda Jagdale. P.S.I. P.W.25 with the assistance of Rajaram Dabade, P.H.C., P.W.26 Rajaram Shripati Dabhade on 17th June, 2009 T.I.Parade was held for the identification of accused No.5 by all three eye witnesses and for the identification of accused No.6 by P.W.1, T.I. Parade was conducted by P.W.15-Sanjay Narendra Kundetkar, Tahasildar of Bhor. In the meanwhile accused Nos. 1 and 2 came to be arrested on 27th April, 1999 itself by Police Head Constable-Subhash Mahadeo Raje, P.W.14. Accused Nos. 3 and 4 were arrested on 29th April, 1999. Accused No.5 was arrested on 30th April, 1999 from his house at village Kobardi and accused No.6 was arrested on 4th May, 1999 by Rajaram Shripati Dabhade (P.W.26). The clothes of the deceased as well as the accused were recovered and at the instance of the accused the weapons were purportedly receovered and the clothes and the weapons were sent for Chemical Analysis. The statements of injured witnesses i.e. P.W.7-Rajaram were recorded on 27th April, 1999, 28th April, 1999 and 10th May, 1999. The statements of P.W.9-Shivaji Sakharam Sanas were recorded on 28th April, 199 and 10th May, 1999. On completion of investigation the charge sheet was filed and on committing the case the Sessions Court framed the charge on 10th August, 2000.