DEVRAO RAMAJI GAYAKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Seven appellants, who have been convicted by the learned Additional Sessions Judge, Pusad, for offences punishable under section 326 read with section 149 of the Penal Code on two counts, and sentenced to suffer rigorous imprisonment for five years and fine of Rs. l,000/-, or in default to undergo further imprisonment for three months on each count; and two counts of offences punishable under section 324 read with section 149 of the Penal Code and sentenced to suffer rigorous imprisonment for six months and fine of Rs. 200/-, or in default RI for one month on each count, have challenged their convictions and sentences by preferring this appeal.

(2.) Facts, which led to the prosecution and conviction of the appellants, are as under: there are two groups in Village Dahisavli. Appellants - Gayakwads - in this appeal belong to the Gayakwad group, whereas the victims belong to Tayde faction. On 27-3-1997, Ramrao Tayde's son reported to his father that he was assaulted at a public tap by original accused No. 8 Manik Gayakwad (acquitted by the trial Court). Ramrao Tayde went to the houses of Gayakwads to question them. All the appellants, that is Gayakwads, formed an unlawful assembly and assaulted Ramrao Tayde, who sustained bleeding injuries. His brother Bhimrav tayde, who followed, met with the same fate. Ramrav Tayde's wife, Leela, too came there and was assaulted. Ramrav Tayde and Bhimrao Tayde sustained severe injuries. Police came to the spot and took all injured to the hospital. On a report by Digambar, an offence was registered. Ramrao Tayde and Bhimrao tayde succumbed to their injuries; and post-mortem was conducted on their bodies. After performing spot panchanama, effecting seizures, recording statements of witnesses and causing statements of some of the witnesses to be recorded under section 164 of the Code of Criminal Procedure before a magistrate, the Investigating Officer sent a charge-sheet to the Judicial magistrate First Class, Mahagaon against twelve accused persons.

(3.) Upon commitment of the case, the learned Additional Sessions Judge charged all the appellants, as also five other accused, of offences punishable under sections 148, 302 read with sections 149 and 324 read with section 149 of the Penal Code. Since they pleaded not guilty, they were put on a trial, in which nine witnesses were examined. The defence of the accused was that of denial and false implication due to enmity. Appellant No. 4 Madhav Gayakwad had taken the plea of alibi. The defence further urged that Bhimrao Tayde, Ramrav Tayde, digambar Tayde and Sudhakar Londhe came and assaulted them. After considering the prosecution evidence in the light of the defence raised, the learned Trial Judge held the present seven appellants guilty and convicted and sentenced them for various offences as mentioned above. He acquitted the remaining accused persons and even the appellants for offence punishable under section 302 read with section 149 of the Penal Code. The convicts have preferred this appeal.