BHIMRAO DIGAMBAR DHEKLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants-original accused nos.1-7 have moved this Court being aggrieved by the judgment and order dated 31 st January, 1990 in Sessions Case No. 100/1990 thereby convicting the appellants for the offence punishable under Section 147 of IPC and sentencing them to suffer one month s R.I. and to pay fine of Rs. 100/- in default to suffer further four days R.I. and for the offence punishable under Section 148 of the IPC and sentencing them to suffer R.I. for two months and to pay fine of Rs. 200/- and in default to suffer further R.I. for 8 days and for the offence punishable under Section 302 r/w 149 of IPC and sentencing them to suffer R.I. for life and to pay fine of Rs. 2000/- and in default to suffer further R.I. for six months and for the offence punishable under Section 504 r/w 149 of the IPC and sentencing them to suffer R.I. for one month and to pay fine of Rs. 100/- and in default to suffer further R.I. for four days and for the offence punishable under Section 506 r/w with 149 of IPC and sentencing them to suffer R.I. For two months and to pay fine of Rs. 200/- and in default to suffer further R.I. for eight days and for the offence punishable under Section 326 r/w 149 of IPC and sentencing them to suffer R.I. for one year and to pay fine of Rs. 500/- and in default to suffer further R.I. for three months and for the offence punishable under Section 323 r/w 149 and sentencing them to suffer R.I. for one month and to pay fine of Rs. 100/- and in default to suffer further R.I. For four days and for the offence punishable under Section 447 r/w with 149 of the IPC and sentencing them to suffer R.I. For one month and to pay fine of Rs. 100/- and in default to suffer further R.I. for four days.

(2.) The prosecution case in nutshell is that there was a strained relationship between PW-6 Rajaram and accused persons. They belong to different political parties. It is the case of the prosecution that accused no.1 Baban belongs to Congress party and was Sarpanch of Gram Panchayat at the relevant time, whereas PW-6 Rajaram belongs to Shivsena Party. It is the prosecution case that on 24 th November, 1989 there was voting of Loksabha Election. PW-6 Rajaram and his brother came from the place where they were residing (hereinafter referred to as 'vasti') to the village. It is further the prosecution case that when PW-6 Rajaram and one Uttam Mandhare were constructing a temporary shed near the booth, the accused no.1 came there and threatened them to the effect that they should not construct the shed, otherwise the consequences would be dire. It is the prosecution case that inspite of this they constructed the shed. It is the prosecution case that on account of this incident relations between the accused and PW-6 were strained. It is the prosecution case that on the date of the incident i.e. on 7 th December, 1989 at around 8.30a.m. to 9.00a.m. the mother of PW-6- Complainant had gone to the nearby vasti of Gajendra Dhekle for the purpose of cooking. PW-6 had also come to the said vasti for taking water. It is the prosecution case that when PW-6 was going back to his vasti alongwith a pot of water and when he came near the Bund where lemon tree was situated, he saw the Sarpanch coming alongwith his supporters namely Arjun, Revan, Baban, Bhimrao, Dattatraya, Mohan and Sajjan. It is the prosecution case that accused no.1 was armed with a gun, accused Revan with stick, accused Arjun with Sattur, accused Baburao with stick, accused Bhimrao with iron pipe, accused Dattatraya with stone and accused Sajjan with sticks. It is further the case of the prosecution that thereafter accused no.1 told PW-6 Rajaram that since he has constructed the shed on that day, he should face the consequences. Thereafter accused Arjun and Bhimrao rushed towards PW-6 Rajaram. Bhimrao started beating him with iron pipe and Arjun gave fists blows and kicks to Rajaram. Thereafter Vishnu who is the brother of PW-6 Rajaram rushed towards him. Baban told his followers to beat Vishnu. As such the other accused assaulted Vishnu. At that time Kashibai-the mother of PW-6 came there and she fell on the body of the Rajaram and Vishnu. Thereafter, Baban alongwith his followers went to the vasti of the Complainant s family. At that time the Complainant s father namely Nagnath, his brothers Krishnadev and Pandu were present in the vasti. After Nagnath asked the accused as to why they were beating his sons unnecessarily, Baban said beat this old man as he was too much energy in his body . Thereafter, the accused beat deceased Nagnath with stones, sticks, Sattur and iron pipes. The stone pelted by accused Dattatray hit Nagnath on his head as a result of which Nagnath fell down. Janardhan, the uncle of Rajaram came from his vasti. After hearing the shouts Kashibai also rushed to their vasti. Thereafter, accused Revan given stick blows on the left leg of Janardhan and also assaulted him on his left ear which caused bleeding injury to Janardhan. There were also injuries to Kashibai. As Nagnath was found dead, all the accused persons rushed towards the vasti of sarpanch.

(3.) The prosecution examined 11 witnesses and produced other documentary evidence on record. At the conclusion of the trial learned Sessions Judge acquitted the accused no.8 for the charges levelled against him and also acquitted the accused no.1 for the offence punishable under Section 27 of the Arms Act and convicted the accused-appellant for the offences as referred herein above and sentenced them as aforesaid. Being aggrieved thereby the present appeal.