SHIVAJI KADAJI PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED No.1 Shivaji Kadaji Pawar and accused No.13 Namdeo Shivaji Pawar, and accused No.11 Vilas Kadaji Pawar, being aggrieved by the judgment and order of conviction, preferred the Criminal Appeal No.414 of 2011. The trial Court convicted the appellants accused No.1 Shivaji s/o. Kadaji Pawar and accused No.13 Namdeo s/o. Shivaji Pawar for the offence punishable under Section 302 of I.P. Code, and they are sentenced to undergo imprisonment for Life and to pay a fine of Rs. Five Thousand each, in default, to undergo further R.I. for the period of two years. The appellants original accused No.1 Shivaji Kadaji Pawar, original accused No.11 Vilas Kadaji Pawar, and original accused No.13 Namdeo Shivaji Pawar are also convicted for the offence punishable under Section 452 of I.P. Code and they are sentenced to undergo rigorous imprisonment for four years and to pay a fine of Rs. Two Thousand each, in default, to undergo further R.I. for the period of six months, and the accused No.1 Shivaji, accused No.11 Vilas and accused No.13 Namdeo are also convicted for the offence punishable under Section 324 of I.P. Code and they are sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. Five Hundred each, in default, to undergo further R.I. for the period of one month. According to appellant Shahuraj, the original complainant Baburao Pawar died due to heart attack. The appellant Shahuraj is son of the deceased Baburao and also injured person in the incident, has filed Criminal Appeal No.601/2012 against 32 acquitted accused, and also against accused No.1 Shivaji Kadaji Pawar, accused No.13 Namdeo Shivaji Pawar and accused No.11 Vilas Kadaji Pawar for enhancement of their sentence. The State of Maharashtra has filed Criminal Appeal No.602/2012 against 35 accused. Since all the three Appeals are arising out of common Judgment and Order dated 30th June, 2011 passed by the Additional Sessions Judge, Nilanga in Sessions Case No. 14/2008, same are heard together and being decided by the common Judgment and Order. Brief facts giving rise to the prosecution case are as under:

(2.) ONE Baburao s/o. Bhagwanrao Pawar was resident of village Jamga, Taluka Nilanga, District Latur. He resided in the house along with his wife, sons, daughtersinlaw and their children together. Gram Panchayat election was held in the year 2007, and it was fought amongst two groups; one headed by Baburao and other by accused persons. Results of election were declared on 09.09.2007, in which four members from the panel of Baburao were elected and 3 members from the panel of accused were elected. On account of this election, quarrels used to take place between these two groups. Tense situation continued during the election process of Sarpanch, and ultimately, election was required to be conducted in presence of Tahsildar with Police Bandobast. The persons from the group of accused alleged to have kept grudge in the mind against Baburao and his family members. Said Baburao had arranged dinner in his house on 09.01.2008 and had invited relatives and persons from village for dinner. The dinner was ready and persons from the house of Baburao with invitees were to start to take the meal. Meanwhile, Baburao and persons in the house heard noise from outside the house. Then Baburao and persons in the house came out and noticed that, 30 to 40 persons had come in the courtyard with weapons in the hands like sticks, rods. Persons were uttering words "xxx." Uttering these words, the persons from the mob started assaulting the family members of Baburao. A person from the mob namely Shivaji s/o. Kadaji Pawar inflicted sword blow on the chest of Gyandeo, the son of Baburao. Other persons from the mob were giving blows to Gyandeo, Vijaykumar the brother of Baburao; Sanjay, Shahuraj and Sheshrao, the sons of Baburao; Bhagwat, the son of Vijaykumar. Then Baburao and other persons in the house intervened to separate fighting. Meanwhile, persons from the mob rushed against them and restrained them from interfering in the event. In the event, Gyandeo, Vijaykumar, Sanjay, Shahuraj, Sheshrao and Bhagwat were lying on the earth. The assailants then ran away. Baburao and others injured shifted to the Hospital at Nilanga. Finally, Baburao lodged a complaint.

(3.) AFTER lodging the complaint, offence came to be registered in Police Station, Aurad Shahajani vide Crime No.2/2008. Investigation was carried out by various Police Officers attached to concerned Police Station. API Shri Thorat prepared panchnama of the place of incident, recovered sticks and iron rods, then blood mixed earth from the place of incident, and proceeded to Nilanga Hospital where he drew inquest panchnama of the dead body of Gyandeo. He made arrest of 10 accused persons, seized their clothes, recorded memorandum statement of these 10 accused persons, and in pursuance to memorandums, recovered weapons from the places pointed out by those accused under the panchnama. He, subsequently, made arrest of accused Vilas, Ashok, Namdeo on 14.01.2008 under the panchnamas. He also recovered clothes from the persons of those accused under the panchnama. On 15.01.2008, he recorded memorandum statement of Balaji and Govind, and recovered weapons under the panchnamas at their instance. On 18.01.2008, he recorded supplementary statements of injured persons. On 20.01.2008, he recorded memorandum statement of accused Namdeo s/o. Shivaji, Vilas s/o. Kadaji and Ashok s/o. Kadaji, and recovered weapons under the panchnama as produced by them. On 21.01.2008, he recovered weapon that was produced by accused Ashok s/o. Vishwanath under the panchnama. On 31.01.2008, he forwarded seized Muddemal to C.A., Aurangabad by a letter. He, then, handed over investigation to API Anant Kulkarni, who made arrest of accused Nagnath s/o. Raosaheb Pawar, Komalbai and Vimalbai. Further investigation was carried out by API Laxman Kendre, who on 04.02.2008 recovered stick under the panchnama that was produced by accused Waman s/o. Dadarao. He forwarded letter to MSEB office and sought information about supply of electricity on the date of incident in village Jamga, more particularly in the house of the complainant. He received letter from the concerned office. On 05.04.2008, he submitted charge sheet against 14 accused, showing accused No. 15 to 37 absconding. On 20.05.2008, he recovered sticks and rods under panchnama that were produced by accused Vishwanath Pawar, Udhav Pawar and Vaijinath Pawar, who were on anticipatory bail. He recorded memorandum statement of accused Pandurang s/o. Vishwanath Pawar and recovered sword produced by him under the panchnama. On 16.06.2008, he made arrest of 13 accused persons and recorded memorandum of those accused and recovered weapons under panchnama that was produced by them. Finally, he submitted supplementary charge sheet against subsequently arrested accused, showing two accused absconding.