STATE OF MAHARASHTRA Vs. HANSRAJ ANANDRAO MOHOD

JUDGEMENT

(1.) Taking exception to acquittal of eight respondents by the learned Second Additional Sessions Judge, Wardha for the offences punishable under sections 147, 148, 302 read with 149 and 302 simpliciter of the penal Code, the State has preferred Criminal Appeal No. 414 of 1994 and complainant Smt. Annapurnabai has preferred Criminal Revision No. 175 of 1994.

(2.) The facts which led to prosecution of eight respondents are as under : one Mahadeo Marotrao Deshmukh, originally hailed from village Taroda, tahsil : Karanja, District : Wardha. However, he used to reside at Bhopal in madhya Pradesh. He used to visit Taroda where he had agricultural land, once in a while, and used to stay in his own house. There are two groups in village taroda. One belonging to community of Bhoyar's to which victim Mahadeo deshmukh belongs, and the other that of Kunbi's to whom the respondents/ accused persons belong. On 10-6-1989 when the victim was returning from his field to his residential house along with his relations he was accosted by the accused at a well near the house of his cousin, complainant Ramabhau. The accused were armed with sticks and axes. They assaulted Mahadeorao with the weapons in their hands causing severe bleeding injuries to Mahadeo. The relations of Mahadeo started for Karanja, Taluka headquarter, with Mahadeo in a bullock cart, but on way Mahadeo breathed his last and hence, his body was brought back to the village. Rambhau went to Police Station at Karanja and lodged report, whereupon an offence was registered.

(3.) After performing inquest the Police sent the dead body for post-mortem, performed panchnama of the spot, recorded statements of witnesses and interrogated the suspects, seized incriminating articles, sent the incriminating articles to the Forensic Science Laboratory and on completion of investigation charge-sheeted all the respondents and one Wasudeo Mohod before the Judicial magistrate First Class, Arvi. The learned Magistrate committed the case to Court of Sessions at Wardha. Wasudeo Mohod died on 12-8-1991 and the case as against him, therefore, abated. The learned Additional Sessions Judge, to whom the case was assigned, charged remaining eight accused/present respondents, of the offences punishable under sections 147, 148, 302 simpliciter and 302 read with 149 of the Penal Code. They pleaded not guilty and hence, were put on trial. In its attempt to bring home the guilt of the accused the prosecution examined as many as twelve witnesses and on behalf of the accused in all six defence witnesses were examined. The defence of the accused was that they have been falsely implicated.