SUDHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal Nos.164/2003, 204/2003, 229/2003 and 244/2003 were filed in this Court by the appellants original accused namely, Jagannath Bhaurao Utane (accused No.1), Rajesh Jagannath Utane (accused No.2), Duryodhan Deorao Vardhe (accused No.3), Babulal Chandumal Vardhe (accused No.7), Dadarao Chandumal Vardhe (accused No.9), Sudhakar Awdhoot Vardhe (accused No.8), Chandu Ramkrishna Vardhe (accused No.4), Vilas Shrikrishna Vardhe (accused No.10), Raju Awdhoot Samdure (accused No.6) and Rameshwar Ganpat Wankhade (accused No.5) against the judgment and order dated 28.2.2003 in Session Trial No.249/2000, passed by the II nd Ad-hoc Additional Sessions, Amravati, by which they were convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and sentenced to suffer imprisonment for life each and to pay a fine of Rs.2000/- each, in default of payment of fine to further suffer simple imprisonment for three months each, further convicted for the offence punishable under Section 147 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months each and to pay a fine of Rs.500/- each, in default of payment of fine to further suffer simple imprisonment for one month each and further convicted for the offence punishable under Section 148 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year each and to pay a fine of Rs.1,000/- each, in default of payment of fine to further suffer simple imprisonment for two months each. Criminal Appeal No.614/2008 was filed by accused Abhiman s/o Arjun Chakre (accused No.1) and Ganesh s/o Zinguji Wardhe (accused No.2) against the judgment and order dated 30.06.2008, passed by the 4th Ad-hoc Additional Sessions Judge, Amravati in Session Trial No.194/2003 by which they were convicted for the offence punishable under Section 147 of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.1000/- each, in default of payment of fine to further suffer rigorous imprisonment for three months each, further convicted for the offence punishable under Section 148 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs.1000/- each, in default of payment of fine to further suffer rigorous imprisonment for three months each, and further convicted for the offence punishable under Section 302 r/w Section 149 of the Indian Penal Code and sentenced to suffer life imprisonment each and to pay a fine of Rs.1,000/- each, in default of payment of fine to further suffer rigorous imprisonment for two years each. As these two appellants in Criminal Appeal No.614/2008 were absconding during earlier trial, their trial was separated and after they were arrested, Session Trial No.194/2003 was conducted.

(2.) The incident dated 27.6.2000 which took place at Sayat Bhatkuli Road in the night was the subject matter of both the Session Trial Nos.249/2000 and 194/2003. The earlier Session Trial No.249/2000 was held after separating the trial of two accused persons namely, Abhiman s/o Arjun Chakre and Ganesh s/o Zinguji Wardhe since they were absconding, but later on their trial was also held vide Session Trial No.194/2003.

(3.) The case of the prosecution as disclosed before the trial Court was that on 27.6.2000 at about 9 to 10 p.m. P.W. 1 - Shivkumar Anandrao Wardhe had gone towards the statue of Dr. Babasaheb Ambedkar in his village. He noticed that the one tube-light from the electric pole near the statue of Babasaheb was not seen, hence, he went to nearby Samaj Mandir and found Jagannath Utane, Rajesh Jagannath Utane, Chandu Ramkrushna Wardhe, Dadarao Chintumanji Wardhe, Duryodhan Deoraoji Wardhe near the hall of the Samaj Mandir. He heard noise and found Vilas Shrikrushna Wardhe, Dinesh @ Raju Samdure and Rameshwar Champat Wankhade removing the glass balls of marble from lotus in the temple. P.W. 1 - Shivkumar obstructed them but they asked him to mind his own business. Therefore, P.W. 1 Shivkumar went away, but Rameshwar, Vilas and Dinesh @ Raju held him and caught hold of his shirt collar and also abused him and was threatened by Jagannath Utane with life. At that time, his cousin, Kashinath Wardhe arrived to whom he told the incident. Thereafter, all of them went to one Sharafat, auto rickshaw driver and proceeded towards Police Station Bhatkuli, where they lodged report of the incident (Exh.39). While returning back from the police station, they noticed obstruction on the road by means of stones, as a result, the auto rickshaw in which they were travelling was stopped. They saw Rajesh Jagannath Utane and Jagannath Bhanudas Utane on the motorcycle and other persons were in the two auto rickshaws. The persons from auto rickshaws came out with weapons and Jagnnath and Rajesh who were sitting on a motorcycle gave a signal to assault. Dinesh @ Raju caught hold the collar of auto driver Sharafat and pulled him down and Rameshwar started assaulting him. Since P.W.1 Shivkumar got frightened, he and his brother escaped from the auto rickshaw and started running to save their life towards Bhatkuli road. While running, his brother Samadhan was caught by the accused persons, who started assaulting him with sharp cutting weapon and sticks and kicks. P.W.1- Shivkumar was running ahead of Samadhan but watching behind. He after running for sometime concealed himself behind the bush and started looking the incident from the bush and found Jagannath was giving kick blows to Samadhan. Raju was giving blows to him with sharp weapon' when Vilas, Sudhakar and Chandu were giving him blows with stick and iron pipe. Rameshwar was beating with sticks. The second group of the accused persons namely, Rajesh Utane, Dadarao Chantumanji Wardhe, Babulal Chantumanji Wardhe, Ganesh Zinguji Wardhe, Duryodhan Wardhe, Abhiman Chakre were hurling abuses and were saying that his brother Samadhan should be killed and thereafter they left the deceased injured. P.W.1 Shivkumar reached his house and narrated the incident to his brother Mohan Wardhe, Subhash Sheshrao Ingle, Kashinath kisanrao Wardhe, Bhimrao Ukardaji Wardhe and they went to the site of the offence, who found that Samadhan was in dead condition. All of them then went to Bhatkuli police station and lodged report (Exh.40). After investigation, chargesheet was filed and the trials proceeded. All the accused persons denied the charge framed against them. The trial Court thereafter heard the evidence and parties and made the impugned judgments, convicting the appellants.