SHRIPATI SHIVRAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since Confirmation Case No. 1 of 2005 and Criminal Appeal No. 543 of 2005 arise out of the same set of facts and are directed against the judgment and order dated-30th September, 2005 passed by the Additional Sessions Judge, Bhandara, we are disposing them off by one judgment. Through his judgment dated-30th September, 2005 passed in Sessions Trial No. 28 of 2001, the Additional Sessions Judge, Bhandara convicted and sentenced accused Shripat Shivram Gaikwad for offence punishable under Section 302 of the Indian Penal Code to death penalty to be hanged by the neck till he is dead. The accused has been further convicted and sentenced for offence punishable under Section 307 of the Indian Penal Code to undergo imprisonment for life. Confirmation Case No. 1 of 2005 arises from the statutory reference made by the Additional Sessions Judge, Gondia under Section 366 Cr. P. C. for confirmation of the death sentence of Shripati Shivram Gaikwad. Criminal Appeal No. 543 of 2005 has been preferred by the accused Shripati Shivram Gaikwad against his convictions and sentences on the aforesaid two counts. The accused who was working as Police Naik in the State Reserve Police Force (for short, "srpf") has been prosecuted for having committed murders of five persons and injuring twelve persons by indiscriminately opening fire with his 7. 62 mm Self Loading Rifle (for short, "slr") on the night of December 18, 2000 at village Keshori, Tahsil Arjuni Morgaon, District Gondia.

(2.) The prosecution case may be briefly stated as under : Village Keshori, a naxalite affected village comes under the jurisdiction of Police Station, Arjuni (Morgaon ). An Armed Out-post (for short, the "aop") has been established to tackle with the menace of naxalites where SRPF camps are deputed. THE incident occurred on Monday, the 18th December, 2000 which was a weekly bazar day. Two women, namely, Pushpa (PW-1) and Pratima (PW-2) who are residents of Rajoli had been to village Keshori for weekly market. After finishing shopping at the weekly market, they were waiting for bus at Bus Stand, Keshori at about 07. 00 pm. At that time, some 10-12 boys who, after noticing these two women, started addressing them in a vulgar language by asking them to give sexual favour. THEy threw torch light on their faces. One Kondhu Choudhari and Anandrao Jambhulkar who are also residents of village of these two ladies came to the Bus Stand. THEy asked the said boys as to why they were abusing the women. THEy tried to convince those boys, but the boys were not in a mood to hear anything from these two persons. THErefore, these two persons took the ladies to Keshori AOP where the act of those boys was narrated to Prakash Landge (PW-8) who was in-charge of AOP. PW-8 Prakash Landge immediately sent some of his policemen, viz. P. C. Ghurpude, B/no.1931, P. C. Pardhi, B/no.1932, P. C. Patle, B/no.805 and P. C. Shende, B/no.1850 to accompany the said women upto the Bus Stand and also instructed them to bring those boys. Policemen accordingly took those women to the Bus Stand. By that time, bus reached at the Bus Stand and the two women boarded the bus. When the policemen heard that one Dhanraj Waghade used filthy language with respect to those women, they accosted him, but he behaved arrogantly with police and, therefore, one of the policemen slapped him. THEy were about to bring him to AOP, but they could not bring him due to intervention from some villagers. Said police constables when returned to the AOP, they were followed by mob of 200-300 persons who were raising shouts. THEy were demanding custody of policeman who slapped Dhanraj Waghade. PW-8 Prakash Langde, Head Constable and PSI Bajrang Pandharwade (PW-10) who was Commandant of Platoon No. 3 tried to convince the mob by asking the persons to lodge written report against the said policeman so that they can initiate action against him. However, the mob was adamant on its demand. Somehow 3-4 persons including said Dhanraj Waghade and his brother agreed and came inside the AOP where PW-8 Prakash Langde started recording the report. THEse facts are fairly established from the prosecution evidence given by two women, PW-8 Prakash Langde and PW10 Bajrang Pandharwade and it is not disputed by the appellant (hereinafter referred to as the "accused" ).

(3.) Pursuant to the notice under Section 294 Cr. P. C. , the defence was called upon to either admit or deny the genuineness of the documents. The accused has admitted almost all material documents referred to in the list (exhibit 28) and as such, documents which have been admitted, can be read in evidence. The admitted documents consist of Inquest Panchanamas, Post-mortem Reports, Injury Certificates, Seizure of clothes of victims, Blood Samples of victim, Medico-legal Certificates, FIR and Printed FIR (exhibits 137 and 138), Map of Spot, Seizure Panchanama of SLR and eight cartridges, Arrest Panchanama, C. A. Reports of blood of accused, C. A. Report of clothes and C. A. Report regarding bullet fired from SLR. (List of admitted documents is referred to in paragraph 10 of the Trial Court's judgment ).