VISHNU BHAU GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Vishnu Bhau Ghule (accused No. 1), his son Mahesh (accused No. 2), wife Mandabai (accused No. 3) and brother Dinkar (accused No. 4) were prosecuted for the murder of Sambhaji Pandharinath Ghule. By his order dated-3rd May, 2005, in Sessions Case No. 23 of 2004, Ad-hoc Additional Sessions Judge, Sangamner; convicted accused No. 1 for the offence punishable under Section s 302 and 506 (2) of the Penal Code. Accused Nos. 2, 3 and 4 are convicted for commission of the offence punishable under Section 324 r/w. 34 of the Penal Code. Accused No. 1 is sentenced to suffer imprisonment for life and fine of Rs. 1,000/- for the first offence and R. I. for two years and fine of Rs. 500/- for second offence. Accused Nos. 2 to 4 are sentenced to suffer R. I. for one year each and fine of Rs. 500/ -. Both sentences carry default stipulation for non payment of fine. Challenging this order of conviction and sentence Accused No. 1 has filed Criminal Appeal No. 379 of 2005, accused Nos. 2 to 4 have filed Criminal Appeal No. 371/2005. The State has filed Criminal Appeal No. 503/2005 challenging acquittal of accused Nos. 2 to 4 of the offence punishable under Section 302 r/w. 34 of the Penal Code. The complainant with his wife has filed Writ Petition No. 425/2005 for compensation under Section 357 of the Code of Criminal Procedure. As the same order is impugned in all the appeals and the Writ Petition, the appeals and Writ Petition are disposed off by common order. To ensure harmony, the parties are referred to as the accused and the complainant.

(2.) We may notice relevant facts before entering into the merits. Dyandeo, Tanaji (P. W.17), Sambhaji (deceased) and Shivram are sons of Pandharinath Dada Ghule (P. W.1) of Sawargao-Ghule. Dyandeo is serving at Surat. Tanaji and Shivram are serving at Ambernath and the deceased was serving at Nashik. On 28th April, 2004, at about1. 45 p. m. Pandharinath and Tanaji were going to their field by tractor of Arun Pandharinath Bhor (P.W.2), for bringing onion crop to their house. Approach road to their field is from the fields of Murlidhar, Dhondiba and Vishnu Ghule (A/1 ). While they were crossing field of accused, Vishnu and his son Mahesh (A/2) told complainant Pandharinath that they would not allow the tractor to pass through their field till Rs. 6,000/- towards Batai are paid. In the evening Mahesh (A/2) assaulted Tanaji causing injury to his forehead. Tanaji thus, contacted his brothers Sambhaji (deceased) and Shivram (not examined) on telephone at about9. 00 p. m. In response the deceased came to his house at about1. 00 p. m. on29th April, 2004, with his friend Balasaheb Shivaji Giri (P.W.3 ). On his way to the house the deceased had taken a detour to Dolsane for taking Balasaheb, who is a Security Guard at Idea Mobile Tower at Dolsane. By that time, Sandeep Sonavane (P.W.9) nephew of Pandharinath, had come to the house of complainant. On his arrival at about2. 30 a. m. the deceased, Balasaheb and Sandeep went to Wadge (fenced open space in front of the house used for agricultural operations ). The deceased accosted accused No. 1 to tell him that he should not bother his father and other members of the family. The deceased alone entered the courtyard of the house of accused. Balasaheb and Sandeep stood outside the compound. There was exchange of words between the deceased and accused No. 1. Other accused joined accused No. 1. All of them assaulted the deceased. Balasaheb refused to intervene as he was outsider and returned to the house to inform Pandharinath about the assault on the deceased. As Sandeep was afraid of the accused, he also returned to the house about ten minutes after Balasaheb and narrated the developments to his maternal uncle and others. Pandharinath and Tanaji thus, went to the house of the accused. Both of them saw the deceased was tied to Subabhul tree and was being assaulted by the accused. As they were afraid, both of them returned to the house. At about4. 00 a. m. Shivram also reached the house. On getting information of the occurrence, he went to the house of the accused and saw them assaulting the deceased. He, therefore, went to Sangamner Taluka Station and reported to the police officers that his brother is tied to a tree by the accused and is being assaulted. After this information was received. ASI Jagdale, constable Shivnath Ambekar (P. W.16) and other policemen went to the village with Shivram. On reaching the village, the policemen, complainant and others went to the scene of the occurrence at about9. 00 a. m. They found dead body of the deceased tied to the tree in the court yard of the house of the accused. The deceased had sustained injuries and had expired. The incident was reported to Dy. S. P. Sanjay Patil (P. W.19) and P. I. Vadile (P. W.18 ). On receipt of the information regarding commission of the offence of murder, Dy. S. P. Sanjay Patil (P. W.19) and P. I. Vadile visited the spot. While the inquiries were in progress, Pandharinath went to the Police Station and filed complaint (Ex.21) at about11. 05 a. m. On the basis of this complaint Head Constable Gangaram Fatangare (P. W.15) registered offence against the accused at about11. 05 a. m. After registration of the offence investigation was conducted by Dy. S. P. Sanjay Patil (P. W.19) with the assistance of P. I. Vadile (P. W.18 ). After holding Inquest (Ex.45) and preparing Panchanama of the scene of occurrence (Ex.46) the dead body was sent by the investigating officer for post-mortem. All the accused were arrested on the same day at5. 00 p. m. by P. I. Vadile under Panchanama of arrest (Ex.36, 41, 42 & 50 ). Blood stained baniyan of accused No. 1 and saree of accused No. 3 were attached at the time of their arrest. The accused were then sent for medical examination. Accused No. 1 had sustained five injuries and accused No. 2 had sustained one injury to the middle finger of his right hand. During investigation accused No. 1 made a confessional statement (Ex.52) on6th May, 2004. Mobile phone, stick and piece of cable wire produced by accused No. 1 from the cattle shed adjoining his house were attached under seizure memo (Ex.53 ). On 8th May, 2004 Sub-Engineer of M. S. E. B. Dinkar Ambedkar (P. W.14), submitted a report (Ex.74) that the accused were drawing unauthorized supply of electricity from the line at a distance of 70 feet from his house. After completion of the investigation the accused were charge-sheeted for having committed offences punishable under Section s 302 and 506 r/w 34 of the Indian Penal Code.

(3.) Arun Bhor (P.W.2) has stated that on the earlier day his tractor was hired by Pandharinath. While they were going to the field of Pandharinath, Mahesh (accused No. 2) obstructed the vehicle. Mahesh quarrelled with Pandharinath and Tanaji. He intervened and stopped the quarrel. Jijaba Ukirde has stated that on the earlier day Mahesh assaulted Tanaji near his house.