TUKARAM DHONDIRAO SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused Bhagwan Salve, Raju Sonawane, ravindra Gharvadhave (accused No. 1) , Tukaram Sonawane (accused No. 2) , balwant Bhalerao (accused No. 3) , Prakash Sonawane (accused No. 4) , Raju suryawanshi (accused No. 5) , Jagan Sonawane (accused No. 6) were charge sheeted for the offences punishable under sections 147, 148, 302, 504 and 506 read with 149 of the Indian Penal Code. Accused Bhagwan Salve, Raju sonawane died during the course of the trial. Remaining accused were tried and convicted by IIIrd Additional Sessions Judge, Jalgaon by his order dated 20-11-2003 for the offences punishable under sections 147, 148, 302 read with 149 of the Indian Penal Code. The accused were sentenced to suffer R. I. for one year for the offences punishable under sections 147 and 148 and for life imprisonment and fine of Rs. 1,000/- each, in default, to suffer R. I. for one month each for the offence under section 302 of the Indian Penal Code. The accused were, however, acquitted for offences punishable under sections 504 and 506 read with 149 of the Indian Penal Code. Criminal Appeal No. 807 of 2003 is preferred by accused nos. 2 and 3, Criminal Appeal No. 8c (8 of 2003 is preferred by accused No. 5, criminal Appeal No. 817/2003 is preferred by accused No. 1 and Criminal appeal No. 34/2004 is preferred by accused Nos. 4 and 6. As all these appeals are preferred against the same order of conviction and sentence, they are disposed off by common judgment. The appellants are referred as to the accused for the sake of convenience.

(2.) Briefly stated the relevant facts are that Prakash Ahire (deceased) was working as a helper in the Railways at Bhusawal. He was living at Agwali chawl which is at a short distance from Haddiwali Chawl, with his parents, brothers, sister-in-laws and other relatives. Eknath P. W. 5 is brother, Shailendra p. W. I is nephew and Sunderabai P. W. 7 maternal aunt of the deceased. The deceased was also running Sugarcane Juice Centre and had organized a Banjo party. P. W. 1 was assisting him in both these ventures. Accused Bhagwan Salve was President of an organization known as Dalit Mukti Sena. The deceased was its Vice President. Other accused are members of the said organization. In view of some differences with Bhagwar Salve, the deceased resigned from the organization on 8th April, 1995. In the year 1995 the deceased had organized a separate. rally on the occasion of the birth anniversary of Dr. Babasaheb ambedkar. Thus, the accused were displeased with the deceased. On 22-5-1995 the deceased and members of his family were invited for the marriage of Anil janjale which took place at Sishu Mandir near Railway Hospital. After the marriage the deceased was returning to his house with his friends Pradeep, Nana mahajan (P. W. 2) , Mahendra Nikam, Abhimanyu Kharat and his relative bhalerao at about 11 p. m. When they came near Hindi Church, Bhagwan Salve, raju Sonawane, Ravindra Gharvadhave (accused No. 1) , Tukaram Sonawane (accused No. 2) , Balvant Bhalerao (accused No. 3) , Prakash Sonawane (accused no. 4) , Raju Suryawanshi (accused No. 5) , Jagan Sonawane (accused No. 6) approached him from the back side. Bhagwan Salve and accused No. 6 were armed with iron rods. On their arrival Bhagwan Salve caught shirt collar of the deceased. The accused then started assaulting him. During the course of the assault accused No. 5 dealt knife blow on left buttock causing bleeding injury, bhagwan Salve and accused No. 6 dealt blows to him with iron rods on his back and stomach. Others kicked and fisted the deceased who had fallen on the ground during the attack. P. W. 1 saw the crowd and went there. He saw that the accused are assaulting the deceased with lethal weapons. He, thus, got frightened and ran to the police station to seek help. P. W. 7 tried to intervene but was pushed back by the assailants. She, however, managed to snatch iron rods from two of the assailants. P. W. 5 who was also returning from the marriage witnessed the assault on his brother and went there. When the assailants realized that the people are gathering, they left the scene of occurrence. P. W. 5 and P. W. 2 took the deceased to the Railway Hospital by auto-rickshaw. At the hospital, Dr. Gangurde (P. W. 10) examined the deceased and admitted him to surgery ward. In the meanwhile, Sr. P. I. Marathe (P. W. 13) and P. I. Pawar (P. W. 12) went to the spot. By that time, the deceased was already shifted to the hospital. Therefore, both of them went to the hospital. After verifying from P. W. 10 that the deceased is fit to make a statement and obtaining [his endorsement, P. W. 12 recorded dying declaration of the deceased in presence of the P. W. 10. On the basis of this statement offence was registered under sections 147, 148, 324, 504 and 506 read with 149 of the Indian Penal Code. The accused were arrested and released on bail.

(3.) On admission of the deceased by Dr. Gangurde (P. W. 10) , Surgeon Dr. Dhakate (P. W. 11) was called. Injury to the buttock was sutured and medicines were given. On 24th the patient develqped signs of internal bleeding. It was, therefore, decided to perform an operation. When the stomach was opened, it was found that the intestine at jejunum was perforated, spleen was ruptured and there was an omental tear causing bleeding from the vein. About 100 c. c. foul smelling liquid found in the peritoneum cavity was suctioned. The spleen was removed and the bleeders were ligatured. During the treatment 750 ml. blood was given. The condition of the patient was worsening day by day. On 5-6-1995 faecal matter corning out from the buttock wound was noticed. In addition the abdomen had burst. Thus, second operation was performed on 6th. On this occasion it was found that the buttock injury was 8. 5 inches deep. Finger from rectum could meet the finger from the perforation on the buttock. During the operation the bleeders were ligatured and the abdomen was sutured. During the treatment the patient developed septicemia and pneumonia. On 9-6-1995 at about 2. 10 p. m. the patient expired on account of septicemia developed on account of operative injury.