MALLINATH GURUSIDDHAPPA BIRAJDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the respondent no. 1 - State.

(2.) Criminal Appeal is directed against the judgment and order dated 7th May 2004 passed by the II Additional Sessions Judge, Solapur, whereby the appellants are convicted for the offence punishable under sections 147, 148, 302 read with section 149 of the Indian Penal Code. The circumstances which have given rise to the prosecution of the appellants are as follows:

(3.) On 27th June 2002 at about 12 noon deceased Siddharam and Nagendra were proceeded towards field Gat No. 178/1 situated at Village Hatti-Kanbas. Both of them started doing sowing operations in the said field. P.W. 6 Laxmibai widow of Siddharam and P.W. 7 Kasturabai widow of Nagendra went to the said field along with tiffon containing meal for their respective husbands i.e. Siddharam and Nagendra. It is the case of the prosecution that after finishing meals Siddharam and Nagendra again started sowing operations in the said field. Laxmibai (P.W. 6) and Kasturabai (P.W. 7) started uprooting and collecting the grass in the said field. At about 3.30 p.m. appellants by forming an unlawful assembly entered into the said field. Appellant no. 3 Sunanda (wife of appellant no. 1 - Mallinath) and appellant no. 4 Sushilabai (wife of appellant no. 6 - Parmeshwar) were having packets containing chilli powder, appellant nos. 1, 2, 5 and 6 were armed with deadly weapons like sickle, wood, iron rod and axe. It is the case of the prosecution that all the appellants came to the spot together with a common object to commit murders of Siddharam and Nagendra.