CHAITRAM RAOJI GARDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AT the trial, 26 accused were charged for offences punishable under Sections, 147, 148, 307, 326 and 323 read with Section 149 of the Indian Penal Code. The incident in question took place on the 27th of March, 1985 at about 8. 00 p. m. near Holi Chowk in village Khandhane, Taluka Malegaon, District Nasik. By the impugned judgment and order accused Nos. 1 to 7, 9 and 23 to 26 were convicted under Sections 147, 148,326 and 323 read with Section 149 of the Indian Penal Code. For the offence under Section 326 read with section 149 I. P. C. the aforesaid accused were sentenced to suffer rigorous imprisonment for three years. For the offence under Section 323 read with Section 149 of the Indian Penal Code they were sentenced to suffer rigorous imprisonment for six months. For the offence under Section 148 they were sentenced to suffer rigorous imprisonment for six months. No separate sentence was passed in respect of the offence under Section 147 of the Indian Penal Code. The rest of the accused were acquitted. The present appeal has been preferred by the aforesaid convicted accused.

(2.) THE present appeal arises out of Sessions case No. 168 of 1985 of the file of the Sessions Court Nasik. In respect of an incident which had taken place at about the same time, a counter case being Sessions Case No. 136 of 1986 was lodged by the party of the accused against the prosecution witnesses. Though that case was triable by the Court of Judicial Magistrate, First Class, the same was committed to the Court of Sessions as the same related to the subject matter of the present Case. Both the cases were tried one after the other and were also decided one after the other. As far as the counter case being sessions Case No. 136 of 1986 is concerned, the accused therein who are the prosecution witnesses in the present case, were acquitted. As far as the present case is concerned, the same resulted in the acquittal of some of the accused and conviction of others who are appellants before me.

(3.) ACCORDING to the prosecution, there were two rival political parties in the village one was led by accused No. 23. He was formerly Sarpanch of the village. The other party was led by one Dagadu Lotan who is related to the injured witnesses. Dagadu Lotan was the previous Sarpanch and accused No. 23 succeeded him. The party of the accused belonged to the Congress (I) whereas the party of the prosecution witnesses belonged to Congress (5 ).