VIJAY LAHU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against conviction of the appellants - original accused Nos. 1, 17 and 19 to 26 for the offences punishable under Sections 148, 304 (Part II) read with Section 149, 452 read with Section 149 of the Indian Penal Code and under Section 27 of the Arms Act and sentence of rigorous imprisonment for seven years with a fine of Rs. 1,000/- or in default further rigorous imprisonment for one year; one year with a fine of Rs. 200/- or in default further rigorous imprisonment for one month; one year with a fine of Rs. 500/- or in default further rigorous imprisonment for three months; and one year with a fine of Rs. 500/- or in default further rigorous imprisonment for one month respectively, on these counts imposed on each of them, on conclusion of Sessions Case No. 55 of 1992 before the learned Sessions Judge, Raigad, Alibaug. Facts which are material for deciding this appeal are as under:-

(2.) After the victim's statement was recorded, Police Sub-Inspector Rane went back to village Bokadvira, drew up panchanama of spot and seized incriminating articles from the spot. He and police party chased other miscreants and caught about 17 of them. The investigating officer arrested the remaining accused persons, recorded statements of witnesses, sent incriminating articles to the Forensic Science Laboratory, obtained notes of postmortem examination in respect of victim Madhukar after performing an inquest and on completion of investigation, charge sheeted 27 accused persons for the offences punishable under Sections 147, 148, 302, 326, 336, 452, 427 of the Indian Penal Code, Section 25 of the Arms Act and Section 37(1) read with Section 135 of the Bombay Police Act. The learned Judicial Magistrate F. C., Uran committed the case to the Court of Sessions at Alibaug. The Sessions Judge charged the accused persons for the offences punishable under Sections 147, 148, 302, 326, 336, 452, 427 of the Indian Penal Code and under Section 25(1)(b) of the Arms Act and under Section 37(1) read with Section 135 of the Bombay Police Act. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all 16 witnesses in its attempt to bring home guilt of the accused persons. After considering the prosecution evidence in the light of defence of false implication, the learned Sessions Judge convicted and sentenced the appellants as aforementioned and acquitted the other accused persons of all the offences charged. Aggrieved by their conviction, the appellants are before this Court.

(3.) I have heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the State. With the help of both the learned counsel I have gone through the entire evidence on record. PW-1 Anant Gangaram Patil is a witness, who claims to have been himself injured in the incident. He is brother of victim Madhukar. He stated that appellants belong to Communist party whereas he and his family members belong to Congress party. Since about one month before the incident, members of the Communist party disliked activities of Madhukar and wanted Madhukar to join Congress party but Madhukar resisted. According to the witness, CIDCO was to lay a road which was to pass through salt pan lands which were tenanted by 21 villagers. The construction contractor, one Jayant Mhatre, had agreed to pay some amount to the tenants and actually handed it over to Ramdas Gharat, Ghanashyam and accused Nos. 1, 17 & 26. When the witness and other inquired about the amount paid by the contractor, they were told that the amount would be utilized for developmental activities in the village. This led to a quarrel. The matter had been reported to police and a charge sheet had been submitted in respect of that incident about 15 days or one month before the incident in question. He states that on 8th December, 1991 at about 7.00 a.m., his wife woke him up and told him that there was a crowd near the School building and that the crowd was armed with iron bars and sticks. He claims to have come out of the house and noticed his brother Madhukar going towards School building on a bicycle. He states that he followed Madhukar to the School building. The crowd rushed at Madhukar. Accused No. 19 Dnyaneshwar Kisan Patil gave a blow by iron bar on the head of Madhukar. Madhukar fell down. PW-1 Anant claims to have gone to the rescue of Madhukar and asked as to why the miscreants were beating Madhukar. He saw accused Nos. 1, 16, 17, 20, 21, 23, 24, 25 and 26 beating Madhukar with iron bars and sticks. He states that PW-3 Janardan Damodar Patil, PW-4 Vasanti Ramesh Patil as also one Leeladhar Ram Thakur came to his help. Madhukar rescued himself and ran towards house of Jandaran Harishchandra Patil. Madhukar was chased by accused No. 22 Raghunath Kisan Patil with a Sword in his hand. Accused Nos. 1, 16, 17, 24, 25 and 26 also chased Madhukar. Accused No. 22 Raghunath gave a blow by Sword to Madhukar on the left leg. The others were beating Madhukar by iron bars and sticks. He states that accused No. 25 Mangal Ramdas Gharat gave a blow by Gupti on his chest. Accused No. 17 Laxman Ambu Patil gave a blow by iron bar on his left leg. Accused No. 1 Vijay Lahu Patil gave a blow by iron bar on his left shoulder. Accused No. 21 Kisan Gangaram Patil hit him on his right shoulder whereas accused No. 20 Liladhar Kisan Patil gave a blow by iron bar on his head. He states that he fell down. According to him, PW-3 Janardan Damodar Patil, PW-4 Vasanti Ramesh Patil and his wife PW-2 Shantabai Anant Patil as also Liladhar (who has not been examined) were also assaulted. The miscreants allegedly left the spot while giving slogans about the victory of Red flag (Lal Bavta). He states that Naresh Harishchandra Patil, Naresh Kashinath Patil, Gangadhar Maruti Patil and Chandrakant Ram Thakur shifted them to hospital at Uran. They went to Uran by a truck and at Uran they went to the hospital by Auto Rickshaw. Police Sub-Inspector Rane came to the hospital and the complaint of Madhukar was recorded. He states that he and Madhukar were then transferred to Sion hospital where Madhukar died.