SANJAY CHANGDEO KHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals are arising out of the same judgment delivered in Sessions Case No. 76/1992 by the Additional Sessions Judge, Beed. Hence both these appeals are being disposed of by this common judgment.

(2.) CRIMINAL Appeal No. 393/1993 is filed by the four accused from same case, who are convicted, while Criminal appeal No. 171/1994 is filed by the State against the order of acquittal recorded by the learned Additional Sessions judge with respect to remaining 12 accused.

(3.) THE case of the prosecution is as follows : On 5-7-1992, at about 5 p. m. at the house of Dinkar babasaheb Tandale, at the village Deolali Panachi, a meeting was held to settle the dispute between Ramrao Dashrath tandale and Raghunath Dhondiba Tandale. Bhima Tandale, dadaba Tandale and Mhatardeo Tandale had attended that meeting. The meeting ended at about 7 p. m. At about 10 p. m. Machindra Tandale and others were taking meals in the house of Machindra Tandale. Then in all 17 persons, including the accused named herein, entered the house of Machindra. The accused were armed with sword, Gupti, Iron bar and stones. The accused Rajaram Tandale, Murlidhar Tandale, Gorakh assaulted Mhatradeo with Gupti. Mhatardeo received injuries on ribs. The accused Dwarkadas and Balu Tandale assaulted dadaba Chimaji Tandale. The accused Sanjay Khade and Gorakh bhilla hit Mhatardeo Tandale with stones. Other accused broke the door of the house. The accused were shouting and encouraging each other to beat. The accused dragged mhatardeo from the house and on the OTA of the house. Again mhatardeo was beaten by the accused. Mhatardeo died there. His dead body was then kept on the OTA in front of the house of the Police Patil.