SANGAPPA NIGAPPA MALABADI AND STATE OF MAHARASHTRA Vs. STATE OF MAHARASHTRA AND BHAGWANT VITHAPPA WAIKAR

JUDGEMENT

(1.) These four appeals arise from the judgement and order dated 16th July, 1979 passed by the learned Additional Sessions Judge, Sangli, in Sessions Cases Nos. 2, 13 and 21 of 1979. In the three Sessions Cases tried together and disposed of by a common judgement, seven accused were charged with the offences punishable under sections 147, 148, 302 read with section 149, section 302 read with section 34, section 353 read with section 34, section 332 read with section 149, section 332 read with section 34, section 337 read with section 149, section 337 read with section 34, section 323 read with section 149 and section 323 read with section 34 I.P.C. The Accused Nos. 1 to 6 were acquitted by the learned Additional Sessions Judge. The accused Nos. 1 to 6 were acquitted by the learned Additional Sessions Judge. The Accused No. 7 Sangappa Nigappa Malabadi was found guilty of the offence under section 302 read with section 34 I.P.C. and also of the offences under section 353 read with section 34 and section 332 read with section 34 I.P.C. and he was sentenced to suffer imprisonment for life on the first count. No separate sentence was awarded for the latter two offences proved against him. The Accused No. 7 feeling aggrieved with the conviction and the sentence awarded to him, preferred Criminal Appeal No. 1282 of 1979. The State, feeling aggrieved with the acquittal of the Accused Nos. 3, 4, 5 and 6, preferred three Criminal Appeals Nos. 1401 to 1403 of 1979. In each appeal the four accused mentioned above are shown as respondents. One appeal against the four accused persons was sufficient, but it appears that three appeals have been filed and in each of those three appeals all the four accused have been made respondents. The appeal preferred by the Accused No. 7 against his conviction and the appeals preferred by the State against the acquittal of the accused Nos. 3 to 6 have been heard together and this common judgement disposes of those appeals.

(2.) The learned Additional Sessions Judge has extensively stated the prosecution case, and for the decision of these appeals it is not necessary to repeat all those facts. The prosecution case in brief is that there is a village called Sonyal in Sangli District. It is within the jurisdiction of the police Station, Umadi. There is another village called Madgyal where there is a police outpost. Village Sonyal is within the jurisdiction of the said police outpost. At village Sonyal there is a school known as Vijay Vithal School, One Ishwarappa Birajdar at the relevant time, that is in September 1978, was the Chairman of that school. Sangappa Gurningappa Birajdar (P.W. 8) was the Vice-Chairman of that school. One Ghanage was the headmaster of that school. The Society running the school decided to stage a drama at the school premises on 12th September, 1978. The headmaster submitted an application dated 11th September, 1978 at the Police-Station, Umadi, of for police bandobast at the time of the drama and another application was submitted to the Tahsildar, Jat., for permitting the staging of the drama of the on that day. The Tahsildar issued the performance licence Ex. 41 to Sangappa. Sangappa contacted M.L.A. Shri Sohani, Advocate, Panchayat Samiti Chairman Shri Bhagvantrao Daphale and Deputy Engineer R.K. Patil and invited them to attend the drama. All those invites arrived at Sonyal on 12th September, 1978 by about 5 p.m. with ex-Sarpanch Sangappa in the jeep of Samiti Chairman Bhagvantrao Daphale. Sangappa contacted Police Head Constable Babu Sidagonda Pachhapure at about 5 p.m. at Village Madgyal and showed him the performance licence issued by the Tahsildar. Head Constable Panchhapure and Police Constable Eknath Baburao Kadam (P.W. 12) accompanied Sangappa in the jeep to Village Sonyal for bandobust.

(3.) At the school premises, arrangements were made to stage a drama at the verandah of the school. The premises were fully lighted by electric lights and petromax. There was an electric lamppost in the open ground in front of the school where sitting arrangement for the public attending the drama was made. On the lamp post there was a burning tube light. After the necessary arrangement was made, the guests took their seats on the stage at about 10 p.m. The villagers of sonyal and also from the neighbouring villages had come to witness the drama. The School faced west. There was open site in front of the school upto the temple of Laxmi. On the north there was a hotel belonging to one Ramanna Adappa Parit and adjacent the hotel there is a house of Basappa Dhargappa Karajangi alleged to have been let out to the Accused No. 2 Nilappa Jakappa Birajdar. Adjoining the house of Basappa there is the dispensary of Dr. Manare and adjacent that dispensary on the east there is flour mill. The hotel, the house of Basappa, the dispensary of Dr. Manare and the flour mill are denoted in the plan Ex. 27 drawn by Revenue Circle Inspector Raghunath Vasudeo Joshi (P.W. 1) by numericals 21, 1, 4 and 5 respectively. The stage where the drama was to be performed is denoted by numericals 7. There is panchayat office on the south denoted by numerical 17. The electric lamppost is at the post denoted by numerical 22. On the south there are shops denoted by numerical 22. On the south there are shops denoted by numericals 14 and 13. The plan shows the situation of the school and the houses on both side of the open site where there were spectators. Blood patches were found at the places denoted by numericals 2 and 3 and at those places the incident of assault on Head Constable Pachhapure took place.