BALASAHEB GULAB GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Seven persons who were convicted by the learned additional Sessions Judge, Pune of the offences punishable under sections 147, 148, 302 read with section 149 of the Penal Code and sentenced to suffer imprisonment for six months, one year and for life and various amounts of fine have preferred this appeal, challenging their convictions and sentences.

(2.) Facts which led to prosecution of the appellants are as under :-

(3.) Appellants as well as at deceased Narsing and his family are residents of village Bakuri, Taluka Haveli, District-Pune. There are two groups of Shitkals and Warghade in the village. The appellants belong to Shitkal group and the victim belonged to Warghade group. A few days before the incident, elections to grampanchayat had taken place at which Sarpanch of Warghade group was defeated and wife of accused No. 7 became Sarpanch. On 12-5-1995, both the parties had gone to attend the marriage of daughter of Kaluram Jadhav. There were some altercations between the parties on account of music in the marriage procession. Accused Nos. 5 and 6 who had participated in the altercations were pacified. After the marriage feast, when victim Narsing was returning to his house along with his brothers and others, near the house of one Kondiba Abnave, all the accused charged at the victim and complainant. They started pelting stones. Accused No. 1 gave a blow by sword whereas accused No. 2 stabbed narsing in abdomen by knife. Witnesses ran away. Police came to know of the incident and recorded First Information Report.