SHIVPAL RAJPAL THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Taking exception to their conviction for the offences punishable under Sections 143, 147, 452, 436 and 323 read with Section 149 of Indian Penal Code and the resultant sentence imposed upon them, the appellants, who constitute 9 out of 10 accused in Sessions Trial No. 223/1997 before the Second Additional Sessions Judge, Akola, have preferred this appeal. The facts which led to their prosecution are as under :

(2.) On 9.9.1997 complainant's son, Sanjay Parode, was arrested for a double murder which had taken place in the village. Sanjay Parode was alleged to have murdered Khannu Kathole and Rajesh Kathole, their own neighbour. ON 10.9.1997 the dead bodies of the victims were brought to the village and their funeral took place. Thereafter a mob of people, which according to the prosecution, comprised of the appellants and original accused no.10 Santosh Balabhau Shivarkar (who has been acquitted), attacked the house of Sanjay Parode, where his mother Kausalya Parode and sister Sarla Parode were present. The accused persons pelted stones at them, tried to push them in the burning fire, pulled down the ballis (beams) and bamboos of the roof of the house, threw them in the burning fire and also burnt the household articles. This resulted in injury being caused to Kausalya Parode. ON a report by Shaligram, Police Patil of the village, an offence was registered. Police party immediately reached the spot, exinguished the fire, performed necessary Panchanama, recorded statements of witnesses and on completion of investigation, charge-sheeted nine appellants and Santosh Balabhau Shivarkar for mentioned above offences.

(3.) In her cross-examination she admitted that all the accused persons are resident of her own village. While house of Kathole is on one side of her house, house of accused no.6 Maluram Hiralal is on the other side. She admitted that there were certain omissions in her statement, like accused Shivpal Thakur asking them to go out of house, accused no.6 Maluram Hiralal Katode pelting stones at her and about her falling down after walking short distance. It was suggested to her that her daughter in fact come to see her in the hospital at Akola at1 P. M. on the day of the incident. She was discharged from the hospital at4 p. m. and when she reached to her house it was evening and the incident was already over and police were present. It was suggested that after seeing the damage of the house in the incident, in conspiracy with other relatives, she made a false statement before police against the accused.