SHYAMRAO BHAGWAN THAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals are a sequel to the murder of one Madan Gattu Puniyala alias Madan Anna, which took place on27-05-1992 at Wani in Yavatmal district. The police had prosecuted seven persons for their involvement in the murder of said Madan Anna. The learned Sessions Judge, Yavatmal, acquitted original accused No. 3 Namdeo Bhagwan Thakre and original accused No. 7 Harishchandra alias Harish Kisanrao Lonare. The State has not preferred any appeal challenging the acquittal of these two accused.

(2.) The learned Sessions Judge convicted accused No. 1 Shamrao Thakre of offence punishable under Section120-B of the Penal Code for engaging in conspiracy to commit the murder of Madan Anna, and sentenced Shamrao Thakre to suffer imprisonment for life and to pay a fine of Rs. 10,000/-, or in default to suffer further rigorous imprisonment for two years. Criminal Appeal No. 138 of 1996 has been preferred by accused No. 1 Shamrao Thakre challenging his conviction and sentence.

(3.) Madan Anna was working as a Contractor at Wani. He was also a Worker of Congress Party. Accused No. 1 Shamrao is also a political worker and supported the opponent of Congress Candidate Uttamrao Patil in the parliamentary Elections. The relations between MADAN Anna and accused No. 1 Shamrao were not cordial. MADAN Anna had received threats from the accused persons prior to the incident. On 27-05-1992 at about7. 00 a. m. , MADAN Anna had left for Mazri in his jeep bearing registration No. MUJ-82. He was accompanied by one Laxman Nagbhidkar. They had also given a lift to a stranger. The jeep was stopped when it had crossed the first gate at a railway crossing and was approaching the second gate. A person told MADAN Anna that a train was to pass and so he should take his jeep back. When the jeep was being reversed, a blue coloured Maroti van came from behind and overtook the jeep. Some persons from the van fired at MADAN Anna, severely injuring him. The person, who had stopped the jeep, as also the occupants of the van, drove away in the van. MADAN Anna was taken to the hospital, but succumbed to his injuries. On a report by Laxman Nagbhidkar, an offence was registered.