DADASAHEB PATALU MISAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) 29 accused were put on trial before the learned III Additional Sessions Judge, Solapur, (Shri M. M. Tule) on charges under Sections 147, 148 and 302/149, 307/149, 324/149 and 326/149, I.P.C. for double murder and voluntarily causing grievous and simple hurts with dangerous weapons to 5 persons. The learned Judge convicted 19 (hereafter collectively called 'convicts') under sections 148, 302/149, 307/149 and 324/149, I.P.C. and acquitted the rest outright. On the count of murder, the learned Judge sentenced the first three accused to life imprisonment. Curiously enough he has sentenced the rest of the convicts on this count to a term of 2 years' R.I. only and a fine of Rs. 1,000/- each. On the minor charges, the learned Judge has sentenced each of the first three accused to (i) 3 years' R.I. and fine of Rs. 2000/- under section 307/149 for attempted murder of Sheshappa P.W. 15, (ii) three separate terms of 6 months' R.I. and fine of Rs. 500/- under Section 324/149 for voluntary causing simple hurts to Complainant Kashinath P.W. 8, Murlidhar P.W. 14 and Jalindar P.W. 17 and (iii) 6 months' R.I. and fine of Rs. 500/- under S. 148, I.P.C. To the rest of the 16 convicts were meted out corresponding sentences of (i) 1 year's R.I. and fine of Rs. 2000/-; (ii) 3 separate terms of 3 months' R.I. and fine of Rs. 250/- and (iii) 6 months' R.I. and fine of Rs. 500/-, respectively. All the substantive sentences are concurrent. The convicts have filed Criminal Appeal No. 496 of 1982, challenging their conviction. The State has filed Criminal Appeal No. 601 of 1982 for setting aside the acquittal of the 10 accused concerned, and also Criminal Appeal No. 588 of 1982 for enhancement of the aforesaid sentences for murder to death. While admitting the convicts' appeal, Rege and Jamdar, JJ. have suo motu issued notices to all the convicts for enhancement of their sentences under sections 307/149 and 324/149 and additionally to the 16 convicts who were awarded 2 years' R.I. only under S. 302/149. These notices are registered as Criminal Revision Application No. 517 of 1982. The Complainant has also preferred Criminal Revision Application No. 321 of 1982 against the acquittal of 10 and also for enhancement of the sentences. This judgment disposes of all these matters.

(2.) The incident in question took place at Village Panchegaon-Khurd, Taluka Sangola, District Solapur on the morning of 30th July 1980 around 7.30. Almost all the 29 accused are related to one another. So also the victims of assault and prosecution witnesses. The details of these relationships are given by the learned Judge in para 2 of his judgment. To reproduce the main items, Complainant Kashinath P.W. 8, Jalindar P.W. 17 and Ganpati-one of the two victims of murder are brothers. The second victim of murder Vithoba was natural brother of Hari P.W. 11. There are four more groups of brothers from amongst the accused : (1) Accused No. 1 Dadasaheb and No. 16 Mahadeo; (2) Accused No. 5 Tanaji, No. 6 Shahaji and No. 18 Nivrutti; (3) Accused No. 11 Mahadeo, No. 23 Kakasaheb and No. 24 Ramchandra; and (4) Accused No. 2 Pandurang, No. 12 Abasaheb, No. 13 Bapusaheb and No. 26 Appasaheb, all being sons of accused No. 28 Bhimrao Krishna Bhagat. There is a small uninhabited open site (hereafter referred to as "Padik"), bearing Gram Panchayat No. 105A. The prosecution case is that this Padik along with Babhul trees standing thereon belonged to and was in possession of Sheshappa Vithoba Misal P.W. 15 and his associates. Here it may be clarified that this Sheshappa who is the Sarpanch of the Village, is not the son of the deceased Vithoba. Admittedly some of the accused persons, including accused Nos. 1, 3, 5 and 6 cut branches of these Babhul trees around 18th July, 1980. It is also no longer in dispute that a day before the incident, that is on the evening of 29th July, 1980, the complainant and some of his associates removed this cut wood from this Padik to another open site (hereafter 'the scene of offence') which is situate near the house of one Sida Pandurang. At that time, accused No. 6 had warned the Complainant not to remove the branches from the Padik. But this protest was ignored by the Complainant's party.

(3.) The prosecution case is that the 29 accused and three more Dattu, since deceased, and Bhausaheb Sidram and Appasaheb Sidram, both since absconding formed themselves into an unlawful assembly with the common object of forcibly removing the wood from the scene of offence, by committing murderous assault, if necessary, on the members of the Complainant's party. The culprits armed themselves with deadly weapons such as axes, sticks, spears, iron bars, a whip etc. and marched to the scene of offence on the morning of 30th July 1980. They started removing the wood. The complainant, his brothers and their other associates came to know of this move and they also reached the site. When the accused persons were asked by the Complainant and his associates not to take away the branches, accused No. 1 is said to have suddenly inflicted an axe blow on the head of Ganpati. Ganpati immediately fell down on the ground. Thereafter accused Nos. 1, 3, 5 and 10 are said to have inflicted further blows on his head, face and neck. While deceased Vithoba was going towards Ganpati, accused No. 2 inflicted an axe blow on the head of Vithoba, who instantly slumped down. The prosecution alleged that the accused persons continued their murderous assault on the two deceased even after they had fallen down. The complainant as well as his associates Sarjerao P.W. 12, Murlidhar P.W. 14, Sheshappa P.W. 15, and Jalindar P.W. 17 were also assaulted by the culprits in the course of the incident. The details of the assault will be referred to later on as and when necessary. Ganpati and Vithoba who were fatally wounded with axes, breathed their last on the spot itself. Here it may be mentioned that accused Nos. 3 to 7 five in all have also received injuries during the said incident.