MADHUKAR DHARMA RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of criminal appeal no. 396 of 2013, the appellants therein who are original accused, challenge the judgment and order dated 31.07.2013 passed by the learned Additional Sessions Judge, Nanded in Sessions Case No. 181 of 2009 thereby convicting the appellants No. 1, 2 and 6 (original accused Nos.1, 2 and 6) for the offences punishable under Section 302 r.w. 149 of I.P.C. and sentencing each of them to suffer R.I. for life and to pay fine of Rs.1000/- each i/d to suffer R.I. for three months. The rest of the appellants i.e. appellant Nos. 3 to 5 and 7 have been convicted for the offences punishable under Section 326 r.w. 149 of I.P.C. and sentenced them to suffer R.I. for four years and to pay fine of Rs.500/- each i/d to suffer further R.I. for three months.

(2.) The State of Maharashtra has also filed criminal appeal Nos. 170 of 2014 and 441 of 2015 against the very same judgment and order seeking enhancement of sentence of the respondents i.e. original accused Nos. 3 to 5 and 7 and against the acquittal of the respondent original accused Nos. 3 to 5 and 7 of the offence punishable under Section 302 r.w. 149 of I.P.C., respectively.

(3.) The prosecution version, as unfolded during trial, is as under:- a. On 19.08.2009, at about 6.30 p.m. near Anganwadi of village Hingni, Tq. Mahur, District Nanded, all accused persons in furtherance of their common intention assaulted deceased Kailas Surose and inflicted injuries on his person with the help of Bandati (stick), sickle, stones and sticks on his face and chest. On the same day, deceased Kailas was taken to Mahur Hospital where he was treated primarily, thereafter he was taken to the Hospital at Yeotmal and while under treatment, he died in the same night. On the basis of the complaint lodged by P.W.1 Sambhaji Surose, father of deceased Kailas on 20.8.2009, crime No. 74 of 2009 came to be registered at Mahur police station for the offences punishable under Sections 302, 143, 147, 148, 149, 341 of I.P.C. and Section 135 of Maharashtra Police Act. The learned Additional Sessions Judge, Nanded framed charges against the accused persons for the offences punishable under Sections 143, 147, 148, 341 and 302 r.w. 149 of I.P.C. and Section 135 of Maharashtra Police Act r.w. 149 of I.P.C. All accused persons pleaded not guilty to the charges and claimed to be tried. The prosecution has examined in all 11 witnesses to substantiate the charges levelled against the accused. The defence of the accused is of total denial and false implication out of political enmity. b. The learned Additional Sessions Judge, Nanded, upon considering the evidence of prosecution witnesses as well as documentary evidence on record, found that all accused persons formed the unlawful assembly, as they were having knowledge that deceased Kailas was coming from Phulsangvi and for achieving the common object, they obstructed the motor cycle of deceased and prevented him from going towards his house. It is with these observations, the learned Additional Sessions Judge has convicted the accused Nos. 1, 2 and 6 for the offence punishable under Section 302 r.w. 149 of I.P.C. and accused Nos. 3 to 5 and 7 for the offences punishable under Section 326 r.w. 149 of I.P.C.