LAXMAN HARIBHAU MAHAKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Facts-Six persons including the appellant as accused No. 2 were charge sheeted for the murder of Nago and Kondabai on the morning of 12-4-1971, under section 302 read with section 34 and alternatively for offence under section 302 read with section 149, Indian Penal Code. The Additional Sessions Judge, Akola acquitted five accused but convicted the appellant-accused No. 2 for an offence under section 302, Indian Penal Code for committing the murder of Nago and Kondabai. The appellant challenged his conviction and sentence in appeal. After dealing with the evidence and the confessional statement of the appellant the Judgment proceeds-

(2.) Deshpande, J. - From all this, it can be safely concluded that, (1) the appellant was directed to put an end to the life of Nago, who was in turn to accompany him on the loaded tractor from Rohana to Karanja; (2) on his pleading inability to do it alone, he was assured of the assistance of others; (3) he and the deceased left together in the tractor with other four co-employees and one Kondabai, who also wanted lift upto Karanja; (4) the deceased was assaulted to death by himself and four others by sticks and stones in Sec. No. 25 near Bheda tree; (5) Kondabai was also done to death to prevent disclosure and (6) the two dead bodies were dropped on Manora-Mangrulpir road near Sakhardoh on his way to Mangrulpir and Karanja.

(2.) Murder, at any rate of Nago is thus proved to be the outcome of previous concert between six persons and conjoint action of five persons inculding the appellant, in pursuance of their common intention. This evidence does not permit fixation of any individual liability for any particular blow or injury. The appellant is proved to have given stone blow to Nago. But it is not possible to hold him liable for any of the three fatal or four simple injuries. He can, however, be held vicariously liable for the conjoint attack under section 302 read with section 34 Indian Penal Code.