BHAGWAN NARAYAN GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants in Criminal Appeal No. 136 of 1996 have been convicted by the learned IIIrd Additional Sessions Judge, Solapur in Sessions Case No. 122 of 1996 for the offences punishable under section 147, 148 and 326 read with 149 of Indian Penal Code and under section 135 of the Bombay Police Act and they are sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 1000 (each), in default, to suffer further rigorous imprisonment for 6 months, vide judgment and order dated 26th February 1996. The appellants preferred Criminal Appeal No. 136 of 1996. The substantive sentence of all the appellants was suspended by this Court vide order dated 18th March 1996. The appeal is abated against the respondent nos. 3, 4, 10 and 12.

(2.) Such of the facts necessary for the decision of both the appeals are as follows:-

(3.) At the trial PW.7, Subhash Patil has deposed before the Court that he was acquainted with the accused since childhood, as they happen to be his kinsmen. That, there are two political groups in the village. One led by Baban Kirte and another by Bhagwan Gaikwad. In the previous Grampanchyat Election, PW.7 had contested election from Kirte 's Group, which was declared victorious, after defeating the group of the accused no.1 and ever since then the accused were annoyed with him. Even prior to the election, there was a quarrel between Chandrakant Londhe and accused no.1. Criminal Cases were filed against each other and in the said case, PW.7 had stood surety for Chandrakant Londhe. That, prior to the incident dated 13th December 1993, the elections to the Co-operative Society were held. Rival Groups were Kokate 's Group and the Group of the accused no.1. PW.7 had contested the election from Kokate 's Group, which got majority. Whereas, the group of the accused no.1 was defeated. The accused had nurtured grudge against the informant ever since then.