BHUPAL KALLAPA SANGAVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) VIDE order dated 27-12-1987 the learned Additional Sessions Judge, Sangli, in Sessions Case No. 48/1985 convicted the appellant No. 2 Ragunath Shripati Kolekar under section 307 I. P. C. and appellant No. 1 Bhupal Kallapa Sangave under section 307 read with 34 I. P. C. and sentenced each one of them to undergo 3 years rigorous imprisonment and to pay a fine of Rs. 3000/- and in default to further undergo 6 months rigorous imprisonment. In addition to appellant No. 2 was convicted and sentenced to 1 year R. I. under section 27 Arms Act. Along with the appellants 7 other persons, namely, Jinnapa Goura Kamble, Madhu Mortyappa Tambgoli, Nomgonda Malgonda Patil, Rama Krishna Naikavade, Prabhakar Biraji Kamble, Shivyogi Tippanna Birajaar and Saning Bharnappa Pujari were also tried but they have been acquitted by the aforesaid order.

(2.) ACCORDING to the prosecution on 31-1-1985 at about 8. 30 p. m. the appellants along with 7 acquitted accused persons participated in a incident in Bhivargi within the limits of Police Station Umadi, District Sangali during the course of which two persons, namely, P. W. 5 Nilavva Tukaram Chougule and P. W. 6 Iravva Sidhappa Indi sustained injuies as a result of firing by the appellant Raghunath Shripati Kolekar from gun. It is alleged by the prosecution that the aforesaid firing was made by the aforesaid appellant at the instigation of appellant Bhupal Kallapa Sangave. According to the prosecution the shot fired by the appellant was aimed at P. W. 4 Shankarayappa Malkappa Chougule but struck P. W. 5 Nilavva Tukaram Chougule and P. W. 6 Iravva Sidhappa Indi who were standing behind Shankaryappa Malkappa Chougule. The acquitted accused persons have been assigned the part of assaulting the complainant Shankaryappa Malkappa Chougule P. W. 4 with fists.

(3.) THE First Information Report of the incident was lodged next moring i. e. on the morning of 1-2-1985 at about 8. 30 a. m. by P. W. 4 Shankaryappa Malkappa Chougule. In the aforesaid F. I. R. the appellants are named.