USHA VINAYAK BHGWAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these appeals are being disposed of by common judgment and order since they arise out of judgment and order dated 30/9/2003 passed by Additional sessions Judge, Amravati in Sessions Case No. 50/1997.

(2.) THE appellant in Criminal Appeal No. 629/2003 is original accused No. 6; the appellants in Criminal Appeal No. 687/2003 are original accused Nos. 2, 3, 4, 8 and 9; the appellant in Criminal Appeal No. 726/2003 is original accused No. 1 and respondents in Criminal Appeal No. 96/2004 are original accused Nos. 5, 6 and 7. By the impugned judgment and order original accused nos. 1, 2, 3, 8 and 9 have been convicted for having committed offences punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal Code and sentenced to undergo R. I. for two years each and imprisonment for life and to pay fine of rs. 1000/- each in default to suffer R. I. for two years each; the accused No. 6 has been convicted for offences punishable under sections 147 and 148 of the Indian Penal Code and sentenced to suffer imprisonment for six months on each count and she has been acquitted of the offence punishable under section 302 of the Indian Penal Code, accused no. 5 and accused No. 7 have been acquitted of offences punishable under sections 147, 148 and 302 read with section 149 of the indian Penal Code. Criminal Appeal Nos. 629/2003, 687/2003 and 726/2003 have been filed by the respective accused challenging their conviction and sentences whereas criminal Appeal No. 96/2004 has been filed by State of Maharashtra challenging the acquittal of accused Nos. 5 and 7 for offences punishable under sections 147, 148 and 302 read with section 149 of the Indian Penal code and the acquittal of the accused No. 6 for the offence punishable under section 302 of the Indian Penal Code. The accused shall hereinafter be referred to as per their status before the trial Court.

(3.) BRIEFLY, the case of the prosecution is as under:-On 2. 3. 1991 Mahadeo Amrut Pawar (P. W. 1) resident of Takarkheda Sambhu lodged report with Walgaon Police Station. In the said report he has stated that his elder brother Sangitrao Amrutrao Pawar and his sons Sukhadeo and Vishnu were staying near the house of Punjab Bhagwat, who was addicted to liquor and under the influence of liquor used to quarrel with Sangitrao and his family members. Due to frequent quarrels, proceedings under section 107 of the Code of Criminal Procedure were initiated by walgaon Police Station. On 1. 3. 1991 at 10. 00 p. m. there was quarrel between accused persons and the family members of the informant. The accused beat his brother and his sons. He received information from one laxman Solanke whereupon he along with mahadeorao Khande proceeded to the spot of incident and noticed that Vinayak, Punjaji, bhashkar, Vijay and Sunil were armed with sticks and Punjab was armed with an iron rod. After reaching the spot all the above referred accused assaulted Sangitrao and his sons Sukhadeo and Vishnu and left the spot. Sangitrao and Sukhadeo had succumbed to the injuries. Since Vishnu had sustained serious injuries, he was taken to the hospital. After the report was lodged at Police Station, walgaon, P. S. O. Walgaon went to the spot and thereafter he carried out the investigation by preparing spot panchanama, inquest panchanama and referred dead bodies to hospital for post-mortem examination. The articles lying on the spot were seized. Thereafter all the accused were arrested. The accused were also referred to medical examination since injuries were found on number of the accused. The clothes of the accused were seized and forwarded to C. A. for analysis. After completion of the investigation, charge-sheet was filed in the Court of Judicial magistrate, First Class. Since the offences were exclusively triable by Sessions Court, the case was committed to the Court of sessions. Charge under sections 147, 148, 302 read with section 149 of the Indian Penal code was framed against all the accused. The accused pleaded not guilty to the charge. The prosecution examined 15 witnesses to prove the case against the accused and produced several documents. The accused did not examine any witness in defence. The trial Court, upon appreciation of the evidence, held that all the offences were proved against the accused Nos. 1, 2, 3, 4, 8 and 9. The trial Court acquitted accused Nos. 5 and 7 for all the offences and convicted accused No. 6 for offences punishable under sections 147, 148 and acquitted under section 302 of the Indian Penal Code.