GULAB BAPU CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellants-original accused Nos. 1 to 4, 6 and 8 have filed this criminal appeal in this Court challenging the order of conviction and sentence passed by the Sessions Judge, Osmanabad on July 14, 1982 in Sessions Case No. 13 of 1980.

(2.) Originally, 8 accused persons were tried for offences punishable under sections 147, 148, 307, 326 and 332 resd with section 149 of the Indian Penal Code and in the alternative under sections 307, 332 and 326 read with section 34 ; and under section 395 read with sections 397 and 201 read with section 34 of the Indian Penal Code. However, the learned trial Judge out of these 8 accused persons convicted the Appellants-original accused Nos. 1 to 4, 6 and 8 for the offences punishable under sections 147, 148 and 307 read with section 149; 395 read with section 397; 332 read with section 149, and 201 read with section 34 of the Indian Penal Code and sentenced each of the accused to suffer various terms of imprisonments and also sentences of fine. It is against this order of conviction and sentence the Appellants have filed this appeal to this Court.

(3.) The Appellants-accused who are hereinafter referred to as "the accused", belong to Pardhi Community and they are the residents of village Kolhegaon, Taluka and District Osmanabad. Appellants Nos. 1 and 2 are brothers and rest of the accused are closely related to accused Nos. 1 and 2. According to the prosecution, the accused and many other unidentified persons from the Pardhi Community on October 11, 1979 at about 10-00 or 10-30 a.m. at Dhorala-Ter road formed an unlawful assembly with deadly weapons and the object of the same was to snatch away the muddemal property of 8 bags of hybrid jawar crops which were attached by P. S. I. Thombare PVV 1 in discharge of his official duties. It is further alleged by the prosecution that the appellants-accused and other unidentified accused, in furtherance of their common object, assaulted P. S. I. Thombare PW 1 by deadly weapons like axe, sticks, stones and attempted to commit his murder and cause grievous injury by the said weapons. All these accused persons' unlawful assembly prevented P. S. I. Thombare and his other companions from discharging their duties and while doing so caused grievous hurt to other police officials. The accused persons and other unidentified accused also further caused disappearance of evidence by removing 8 bags of ears of hybrid jawar and also destroyed the panchanama which was drawn by P. S. I. Thombare and other panchas.