MADHUKAR TAYAPPA HAZARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal Nos. 259 of 2002 and 174 of 2002 are directed against the impugned judgment which convicts and sentences the appellants in these two appeals. The accused in appeal No. 259 of 2002 have been convicted under section 302 read with section 34 of the Indian Penal Code and have been sentenced to suffer life imprisonment and payment of fine. Accused No. 3 who is the appellant in Appeal No. 174 of 2002 has been convicted under section 324 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for two years and payment of fine of Rs. 500/ -. Appeal no. 462 of 2002 is filed by the State for enhancement of the sentence awarded to the accused.

(2.) The entire dispute in the present case appears to have arisen because of rivalry in the local politics. One Vasant Pandhre, the deceased, was returning home with Shivaji Pandhre, PW1, after purchasing meat on 18-1-1998 at about 10. 30 am. An autorickshaw halted at a distance of 10 feet from them. Accused nos. 1 and 2, the appellants in Appeal No. 259 of 2002 and accused No. 3, the appellant in Appeal No. 174 of 2002 got down from the rickshaw armed with choppers, while accused No. 3 was holding a sickle. All the accused persons assaulted the victim on the occipital region and hands and legs. Shivaji also sustained injuries in the melee on his right hand, near the wrist, as accused No. 3 inflicted a blow with a sickle. The victim fell down. One Bhanudas Ananda Patil, anu Gadade and some other shopkeepers in the area rushed to the spot. They lifted the injured Vasant into an autorickshaw and took him to hospital where he was declared dead. In the meantime, the assailants fled away from the scene of offence in an autorickshaw. Shivaji who was accompanying the victim lodged a complaint with the police after receiving treatment for the injuries sustained by him. He had named accused Nos. 1 and 2 and an unknown person in his complaint. Thereafter on 19-1-1998, the police recorded a supplementary statement in which Shivaji mentioned the name of the accused No. 3. The accused were arrested and charged under sections 302, 325 of the Indian Penal code read with section 34 of the Indian Penal Code. The trial was then committed to the Sessions Court, Kalyan.

(3.) The prosecution has examined 11 witnesses to substantiate the charges against the accused. PW1 is the star witness for the prosecution who was accompanying the deceased when he was attacked. This witness has named all the accused and the weapons that they were carrying. He has named the role played by each of the accused in the attack on the victim as well as himself. He has stated that accused No. 3 pulled at his shirt when the witness had got hold of accused No. 1. He claims that he did not release his grip on the wrist of accused no. 1 and therefore, accused No. 3 assaulted him on his right hand near the wrist with a sickle. He has spoken about the shopkeepers in the area and certain other persons rushing to the spot after the attack on them. He has also stated that he was admitted to hospital owned by Dr. Choudhary for being treated for the injuries sustained by him. Significantly, this witness did not mention the name of accused No. 3 in the First Information Report lodged by him. However, in the supplementary statement recorded the next day after the incident, he has roped in accused No. 3. In the cross-examination he; has admitted that he knew accused no. 3 even before the incident. However, 'because of the injuries sustained he states that he forgot to tell the police the name of accused No. 3. He has denied that his mental faculties were not in propen order or that he was frightened and therefore, he did not mention the name of accused No. 3 in his complaint. The witness has also stated that he was assaulted with a sickle by accused No. 3. He has then stated that the incident of assault continued for about 10 to 15 minutes. About 30 to 40 people had gathered around and nobody intervened. The witness has also admitted that accused Nos. 1 and 2 had filed a complaint against the deceased and others who were charged under section 307 of the Indian Penal code. The trial was pending before the Sessions Court. The accused has also admitted that Sanjay, accused No. 3 was his relative as are accused Nos. 1 and 2. He has admitted the enmity between accused No. 1 and the deceased which had led to accused No. 1 being assaulted by the deceased on two previous occasions.