DAMODAR JOMA MOKASHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal No.761/1990 has been filed by the appellant/ original accused Nos.2, 24, 25, 27, 33, 35, 45, 50, 70, 72, 83 and 44 being aggrieved by the judgment and order dated 11 th September 1990 passed by learned Second Additional Sessions Judge, Raigad at Alibag in Sessions Case No.69/1987 thereby convicting the present accused appellants for the offences punishable under section 302 read with section 34 of Indian Penal Code (I.P.C.) and sentencing them to suffer imprisonment for life and to pay a fine of Rs.1,000/ each in default to suffer R.I. for three months and also convicting appellant accused Nos.25, 44, 45, 72, 83 for the offence punishable under section 324 read with section 34 of I.P.C. and sentencing them to suffer R.I. for six months.

(2.) Appeal No.865/1990 has been filed by the State being aggrieved by the findings of acquittal recorded by the learned Sessions Judge in the impugned judgment thereby acquitting accused Nos.2, 24, 25, 27, 33, 35, 44, 45, 58, 70, 72 and 83 for the offences punishable under sections 147, 148, 149, 307, 326, 325, 336, 395, 396, 397 and 120 B of I.P.C. The State is also aggrieved by the findings of acquittal recorded in so far as accused Nos.1, 3 to 23, 26, 28, 30 to 32, 34, 36 to 44, 46, 47, 49, 50, 54, 56, 57, 61, 63, 65, 67 to 72, 74, 77 to 80, 84 to 88, 90, 93, 94 and 96 to 98 for the offences punishable under sections 147, 148, 149, 203, 307, 326, 325, 324, 336, 395, 396, 397 and 120 B of I.P.C.

(3.) The prosecution case, in brief is that on 3 rd December 1986 at about 6.30 a.m. a mob of about 250 persons gathered in Pirkon village including the 98 accused persons who were armed with deadly weapons like spears, Pharashis, swords, Burchis, sticks, acid bulbs and soda water bottles etc. The allegation of the prosecution is that these accused attacked the persons residing in the village cruelly and in that they committed murders of 5 persons and injured 14 more persons with grievous injuries and damaged 44 houses. The motive behind the said crime is said to be a dispute between two groups belonging to different political parties over establishment of D.Ed.College at a particular place. The case of the prosecution that the prosecution witnesses and victims were running said college at Pirkon, however, the accused wanted to shift it to the village Pandive. It is the case of the prosecution that accused No.87 was an ambitious political leader and he wanted the college exclusively under his control. It is alleged that the accused persons belong to Congress (I) Party whereas the prosecution witnesses belong to Peasants and Workers Party. After completion of investigation charge was framed vide Exh.114 for the offences punishable under sections 147, 148, 149, 307, 302, 326, 325, 324, 336, 397, 396, 395 and 120 B of I.P.C. The accused pleaded not to be guilty and claimed to be tried.