STATE OF MAHARASHTRA Vs. SHIVDAS NANA BHAGAT

JUDGEMENT

(1.) This is a State appeal against the order of acquittal dated 11th November, 1998, passed by IInd Additional Sessions judge, Thane, whereby all the respondents - original accused Nos. 1 to 13 have been acquitted of the offence punishable under sections 34, 120-B, 147, 148, 149, 307, 302 of the Indian Penal Code (for short "ipc") and also of the offence punishable under sections 27, 25{c) read with section 7 of the Arms Act.

(2.) Atmaram Shripat Patil (the deceased) was running a business of excavation and sale of sand from Mumbra creek and had 27 labourers under him. Ramdas Shirole (PW1) was the Supervisor of this work. A plot No. 1 at retibunder, to construct a fishing pond, was allotted to him. Kathod Devu bhagat (PW10) was working as a Commission Agent of the deceased. Accused no. 12 also runs a similar business in another plot in the same vicinity. It is alleged that about two months prior to the incident, Kathod Devu Bhagat along with his associates assaulted accused/respondent No. 1 with a sword and he was arrested. For the release on bail, the deceased helped him financially also.

(3.) On the evening of 5th March, 1991, the work of tilting of fishing pond was going on under the supervision of Ramdas Shirole. The other workers namdeo Borse, Rohidas and some others were also working. The deceased patil and his son Vilas (the deceased) were giving instructions to the workers. At about 6.45 p. m. when Kathod went to ask them for transportation of some sand, 7/3 persons carrying guns and revolvers arrived and stood near the compound wall besides Bombay-Poona Road and started firing towards the deceased. Atmaram and Vilas (the deceased) were shot down. The workers including Ramdas Shirole and Namdeo Borse (PW2) witnessed the 7/8 persons firing. They managed to hide themselves in the surrounding shrubs. On seeing this firing, Kathod started running. He was chased by two of the assailants and fired at him. However, he succeeded in reaching the office of atmaram Patil located in plot No. 1 and collapsed there. After the incident, all the assailants ran away towards Mumbra in a green Matador.