SARJERAO SAHADEO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE both these matters arise out of the same incident and a common impugned Judgment, we propose disposing them off by one Judgment.

(2.) BOTH these appeals are directed against the Judgment and order dated 11-5-1984 passed by the Additional Sessions Judge, Sangli, in Sessions Case No. 83 of 1983. Criminal Appeal No. 434 of 1984 has been preferred by Sarjerao Sahadeo Gaikwad and Babasaheb Keshav Patil against their convictions and sentences. These two appellants have been convicted and sentenced in the manner stated hereinafter :-

(3.) BRIEFLY stated the prosecution case runs as under :-The three victims are related inter se. The deceased Ganpati was husband of Gojabai Shinde, P. W. 12, and father of Babutai Patil, P. W. 11. It is said that on 12-6-1982, sometime before 11 a. m. Ganpati, his wife and Bhimrao Patil, P. W. 6 had gone to village Kupwale for attending the funeral ceremony relating to Bhimrao Patils uncle. Since Babutais parents had gone to attend the funeral ceremony she was alone at her house in village Tadwale. At that time, accused Sahadeo, his sisters, accused Sarjerao and Hindurao with one other (later on his name came to be known as accused Babasaheb Keshav Patil) came and started fixing wire fencing in the courtyard. (It is not disputed that the courtyard was common and was contiguous to the houses of the accused and Babutai ). Babutai asked them not to fix the wire fencing because, it was their land. At that the accused Hindurao and Sarjerao threatened her to keep quiet. Consequently, Babutai kept quiet. Thereafter, all the accused persons fixed poles, tied wire, applied red colour to the poles and sat on the cot in verandah of their house. At about 12 noon, parents of Babutai, Ganpati and Gojabai returned from the funeral ceremony. Ganpati asked the accused persons as to why they had fixed the poles. At that the accused Hindurao, Sarjerao and Sahadeo came out of their house. An altercation ensued on the issue of fixing poles between both the sides. In the meantime, accused Babasaheb also came and abused Ganpati. Ganpati asked Babasaheb not to abuse him. It is said that Hindurao, Sarjerao and Sahadeo went to their house and came out immediately with crowbars and sticks; while Sarjerao had a crowbar, Sahadeo and Hindurao had sticks. The three of them started assaulting Ganpati with crowbars and sticks. Babasaheb who was also with them took the crowbar from the hands of Sarjerao and started assaulting Ganpati. Ganpatis wife Gojabai tried to intervene. Babasaheb inflicted a blow on her head. Other accused also assaulted her with sticks. It is said that Babutai who also intervened was assaulted by Babasaheb with a crowbar on her head, shoulder and left hand. This incident apart from Gojabai P. W. 12, Babutai P. W. 11, was seen by Bhimrao Patil, P. W. 6, Vithal Patil P. W. 7, Bhanudas Patil P. W. 8 and Laxman Mohite P. W. 9. It is said that after assaulting Ganpati, Babutai and Gojabai, the accused persons ran away from the place of the incident. The evidence is that the victims were taken to the sopa of their house. Babutais cousins Baji and Dattu took the victims on a tempo to Shirala but, before the tempo could arrive, Ganpati had breathed his last.