ANANT DYANESHWAR JADHAV Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals arise out of the same Judgment and Order dated 30/04/2012 passed by the Additional Sessions Judge, Solapur, in Special Case No.30/09 and therefore both these Appeals are disposed off by this common judgment. For the sake of convenience the Appellant in Criminal Appeal No.544/12 and the Respondents in Appeal No.772/13 are referred to as the Accused as per their serial numbers in the said Sessions Case. The Criminal Appeal No.544/12 is filed by the original Accused No.1 challenging his conviction and sentence at the conclusion of the trial. The State of Maharashtra has preferred Criminal Appeal No.772/13 against the Respondents therein, who were the original accused Nos.2, 4 to 7 in the said Special Case, who were acquitted. The accused No.3 who was also convicted alongwith accused No.1, has not preferred any Appeal.

(2.) The Appellant in Criminal Appeal No.544/12, the original accused No.1 and the original accused No.3 were convicted for the commission of offence punishable u/s 302 of the Indian Penal Code and they were sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/ each and in default of payment of fine to suffer rigorous imprisonment for six months. Both these accused Nos.1 and 3 were further convicted for the offence punishable u/s 4 (25) of the Arms Act and they were sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/ each and in default of payment to suffer rigorous imprisonment for three months. The substantive sentences were directed to run concurrently and both these accused were given benefit of set of u/s 428 of Cr.P.C. The original accused Nos.2 and 4 to 7 were acquitted from all the charges. These accused and accused Nos.1 and 3 were acquitted from the offences punishable u/s 143, 147, 148, 323, 324, 302, 504, 506 r/w 149 of the IPC and u/s 3(i)(x) r/w 6 as well as u/s 3(ii)(v) of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 and u/s 7(1)(d) and 10 of the Protection of Civil Rights Act, 1955 and u/s 4(25) of the Arms Act and u/s 135 of the Bombay Police Act. The original accused Nos.2 and 4 to 7 were further acquitted for the offence punishable u/s 302 r/w 149 of IPC and u/s 4(25) of the Arms Act.

(3.) The prosecution case pertains to the murder of one Deepak Sable, which took place at around 09.00 p.m. on 07/06/2009 outside Sambhaji Talim in Maratha Vasti, Solapur. According to the prosecution case, all these accused along with the other accused, who were absconding, formed an unlawful assembly. They were having weapons like sword, rod and sticks. According to the prosecution case when Deepak, his brothers and friends were passing on the road in front of Sambhaji Talim, accused assaulted them. Except Deepak, his companions managed to escape. Deepak Sable was assaulted by the accused with their weapons. After some time Deepak's brother and friends came in search of him. He was found lying unconscious in another lane. Deepak was removed to hospital. Deepak's brother Rohit Sable (P.W.5) went to the Police Station and lodged his FIR, which was registered vide C.R.No.100/09 at Jail Road Police Station. Deepak succumbed to his injuries in the hospital on 09/06/2009 and therefore section 302 of the Indian Penal Code was added. In the mean time, the investigation had commenced. The spot panchanama and the inquest panchanama were conducted. Within a few days accused were arrested. Statements of various witnesses were recorded and at the conclusion of the investigation, the chargesheet was filed in the Court of J.M.F.C. (3), Solpaur. Thereafter the case was committed to the Court of Sessions. The charges were framed against the aforementioned 7 accused, to which they pleaded not guilty and claimed to be tried.