VINAYAK RAMBHAU WAGHMARE AND RAMESH VISHWANATH JADHAV AND MAHADEV VITHAL KAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are being disposed of by this common judgment. Criminal Appeal No. 577 of 1980 which was preferred by accused No. 3 was initially summarily dismissed. The previous Bench, however, had appointed Shri Ajit P. Shah to represent accused No. 3 so that his appeal also could be heard along with the other two companion appeals. According to the case of the prosecution, accused Nos. 1, 2 and 3 had committed offences punishable under section 302 read with section 34 of the Indian Penal Code and section 323 read with section 34 of the Indian Penal Code. Accused No. 1 was also further charged with an offence punishable under section 506 of the Indian Penal Code.

(2.) The case of the prosecution may be shortly stated as follows There is a theatre known as Mahalaxmi Loknatya Griha in Barshi in the district Solapur. The deceased Appa Kachare was the owner and proprietor of the said theatre. The theatre was exclusively meant for dance-cum-music programmes. One Vijaykumar Zaveri (P.W. 4) was working as manager-cum-Door keeper in the theatre. Besides him, Aba Jadhav (P.W. 5) and one Chandu Yadav were also working as door-keepers. The deceased Appa Kachare was running the said theatre for about 11 to 12 years prior to the date of the incident. Vijaykumar (P.W. 4) was working as doorkeeper for the ticket-holders of rupee one each. Aba Jadhav (P.W. 5) was working as doorkeeper at the entrance of ticket holders of 75 Ps. After entering through the main gate, the door meant for the ticket holders of 75 Ps. is situated first and beyond that an entrance door for the ticket holders of rupee one and Rs. 1.50 Ps. is situated. Adjoining to the door, there is office room in which the telephone of the theatre having No. 607 was fixed. In between that door and office room, there was a wooden stair-case leading to the first floor on which the resting room of the deceased Appa Kachare was situated. In that room there was a wooden cot which was meant for the rest and relaxation of the deceased Appa Kachare. The locality plan Ex. 12 would clearly indicate the situation of the theatre, entrance door for the ticket-holders of rupee one, Rs. 1.50 Ps. and 75 Ps. as also the stair-case leading to the room of the deceased Appa Kachare.

(3.) It is specific case of the prosecution that on 2nd January, 1980 a programme of five dancing-cum-music parties was arranged and the parties had arrived at the theatre to perform their shows. The show (Tamasha) was scheduled to start at about 8-30 p.m. and was to be over by 0-30 hours mid-night. 15 minutes prior to the commencement of the show i.e. at about 8-15 p.m. Vijaykumar and the other staff members resumed their respective duties. The deceased Appa Kachare also came to the theatre and was sitting in his office. As scheduled the programme started at 8-30 p.m. While the programme was in progress at about 10 p.m. the deceased Appa Kachare informed the complaint Vijaykumar that he was going to attend the election meeting of Congress I party in connection with Loksabha Election at Pande Chowk. Accordingly, Appa Kachare left the theatre.