VIJAY ALIAS GUDDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 201/2010 is filed by the accused Nos. 1 to 4 in Sessions Trial No. 199/2007. There were total 19 accused in that Session Trial. State Government has filed Criminal Appeal No. 463/2010 challenging acquittal of accused Nos. 5 to 19. Criminal Appeal No. 413/2010 is filed by the widow of deceased challenging acquittal of accused Nos. 5 to 19. Shri Anil Mardikar, learned Senior Advocate with Shri S. Joshi, learned Counsel has argued for the convicted accused, while Shri R.M. Daga, learned Counsel represented the acquitted accused. Shri D.B. Patel, learned A.P.P. argued the case on behalf of State Government, while Shri V.R. Mundra, learned Counsel argued the case of the widow of the deceased and assisted APP to advance the cause of complainant Prakash.

(2.) According to the prosecution, there are two political groups in the village Mahakal, Tahsil and District Wardha. Victim Makrand Tonpe led one such group and that group was in power for few years. Accused represent another rival group. Because of intense rivalry, members of both the groups had lodged complaints with the police against each other. On 31.08.2007, Makrand Tonpe was found dead with several injuries on his person in a field at village Satoda, opposite Satoda Mahakal road, between 6.30 to 7.30 a.m. Prakash Mohite (complainant) P.W. 8, informed the police station and police came to the spot. Complainant was then sent to the police station for lodging complaint in detail and on its basis, crime came to be registered. Spot panchnama was drawn and various articles were seized from the spot. Statements of two eye witnesses were recorded by the investigating officer on same day and he also arrested most of the accused persons on that day itself. During investigation, accused Nos. 1 to 4 gave separate statements in respect of swords which were thrown by them in a nearby well, and one of them pointed out the same. 4 swords were then taken out of that Well. One of the accused pointed out the place where he burnt some blood stained clothes. Investigating officer also seized clothes on person of some of the accused, which were found stained with blood. The investigating officer gathered evidence which connected the accused Nos. 1 to 4 with sword blows inflicted on the victim, while accused Nos. 5 to 8 to beating him with fists and kicks while accused Nos. 9 to 19, to instigating others to kill victim Makrand. Prosecution alleges that Makrand was thus murdered after hatching criminal conspiracy in prosecution of their common object by an unlawful assembly. Charge sheet under Sections 143, 147, 148, 148, 302 and 201 read with Sections 202 and 149 and Section 120(B) of the Indian Penal Code was then filed. The Trial Court then proceeded with the trial. It had as per Section 228 of the Criminal Procedure Code after framing charges altered it for offences punishable under Sections 143, 147, 148, 149, 302 and 201 read with Sections 202 and 149 and Section 120B of Indian Penal Code. It convicted accused Nos. 1 to 4 i.e. the appellants in Criminal Appeal No. 201/2010 for offence punishable under Sections 302, 341, 201 read with Section 120B of Indian Penal Code and sentenced them to suffer life imprisonment and to pay fine of Rs. 2000/- each, in default, to under go simple imprisonment for one year each. They were sentenced to suffer R.I. for three years and to pay fine of Rs. 1000/- in default to under go simple imprisonment for 6 months each, for the offence punishable under Section 120B of Indian Penal Code. For offence punishable under Section 341, the accused Nos. 1 to 4 have been sentenced to undergo simple imprisonment for one month. No separate sentence was imposed for offence punishable under Section 201 and said sentence was deemed to have been included in sentence for offence punishable under Section 302. Sentence under section 120B was directed to commence first, and thereafter, sentence for offence punishable under Section 302 was to begin. Other punishments were ordered to run concurrently with sentence imposed for offence punishable under Section 302 of Indian Penal Code.

(3.) Accused Nos. 1 to 4 were however, acquitted for offences punishable under Sections 143, 147, 148, 149 and 109 of Indian Penal Code. Accused Nos. 5 to 19 have been acquitted for the offences punishable under Sections 302, 143, 147, 148, 149, 109, 201, 341 and 120B of Indian Penal Code. Suitable orders have been passed in relation to two seized motor cycles. Motor cycle bearing No. MH-31/F-391 has been directed to be returned to the widow of the victim Makrand; while the other motor cycle with registration No. MH-32/H-6189 is to be returned to the accused No. 18 Dnyaneshwar Kachode. Directions to auction Motor cycle bearing No. MH-31/BH-5265 and to credit its sale proceeds to the State Government have been issued. Similarly, appropriate orders have been passed for disposal of seized weapons and property.