HARI MARUTI KUMBHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This common judgment disposes of Criminal Appeal Nos. 633 of 1989 and 276 of 1990.

(2.) Criminal Appeal No. 633 of 1989 has been filed by the convicts Hari Maruti kumbhar, Uttam Maruti Khatal, Laxman Appa khatal, Gangaram Ganpati Khatal and Bacharam dinkar Tambe who challenge their conviction by the learned Additional Sessions Judge, satara, where Criminal Appeal No. 276 of 1990 has been filed by the State, taking exception to the acquittal of Govind Dinkar Tambe, Shi vaji dinkar Tambe, Jaysing Ganpati Khatal, gangaram Savala Khatal, Maruti Krishna Khatal, dnyanu Dada Khatal, Baban Ganpati Khatal and raghunath Balwant Khatal, by the said learned additional Sessions Judge in Sessions Case no. 89 of 1989 before him.

(3.) The appellants in Criminal Appeal no. 633 of 1989 and respondent in Criminal appeal No. 276 of 1990 were prosecuted for having allegedly formed unlawful assembly, committed rioting armed with deadly weapons as members of such unlawful assembly, and having committed murder of one Balkabai @ laxmibai in prosecution of common object of such assembly. The complainant Maruti Bhiku khatal as well as the accused persons are residents of village Hivare, Taluka Koregaon, district Satara. They belong to opposing factions in the village. The complainant's nephew Tukaram had been abused by Sarpanch laxman Khatal inrespect of which complaint had been made to Wathar Police Station. The sarpanch of the village sent Kotwal to call the complainant in order to thrash out a compromise in the matter. About 50 persons had gathered in the courtyard of Sarpanch at about 8. 00 p. m. on 8-8-1985 to discuss the compromise. Instead of settling the matter, however, the accused Uttam Maruti Khatal, Hari maruti Khatal and Laxman Appa Khatal beat up complainant's son Bhanudas and one Arjun malhari Shinde. When the complainant sought to intervene, he too was beaten up by the sticks. The accused persons beat up ladies and children who were present there and started pelting stones. Accused Bacharam Dinkar Tambe was holding bicycle chain and Dnyanu Dada Khatal was holding an axe. A stone pelted by gangaram Ganpati Khatal hit the head of balkabai who suffered serious injuries. Shivaji aba Khatal, Shrimant Maruti Khatal, Tanaji bapurao Khatal, Eknath Bhiku Khatal, Sindutai tukaram Khatal had also sustained injuries. Balkabai @ Laxmibai was taken to Koregaon hospital for first aid and later on shifted for further treatment to Satara and Pune where she succumbed to her injuries.