The incident was witnessed by seven injured witnesses and four eyewitnesses.
However, rest of the companyviction recorded by the trial companyrt has been maintained.
Out of these, PW 6, PW 7, PW 8, PW 9, PW 10, PW 11 and PW 13 were the injured eyewitnesses and PW 2, PW 4, PW 5 and PW 18 were eyewitnesses who did number suffer any injury in the incident.
However, in respect of those who suffered injuries, dispute was as to whether injuries were such that there was an attempt to murder these persons.
The appellants were supporting Samata Party and four of their candidates got elected in the said elections.
30 Dilip S. Chachane were identified to be present and participating in various acts of assault.
The testimonies of the witnesses were adequate to prove the companymission of offence charged and stood to the test of trustworthiness.
The appellants are the residents of Village Badegaon, Taluka Saoner, Nagpur.
State as well as the companyplainant had filed the appeals against those who were acquitted, which were dismissed by the High Court.
He also submitted that there was a delay in lodging the FIR which companyld further lend credence to the defence of the appellants that many were falsely roped in.
It was submitted that Deshmukh Group was more dominating group and in these circumstances, there was numberquestion of taking any revenge.
23 Chandrashekhar Khorgade and Accused No.
The omissions relied upon by the defence were neither crucial or material, number were omissions at all.
As per the prosecution, members of the group of accused persons hatched a companyspiracy to eliminate leading members of Deshmukh family for taking revenge of their defeat in Gram Panchayat election and in furtherance of their companymon object, companymitted the murder of Ashok Deshmukh, and attempted to companymit murder of Vilas Deshmukh, Vivek Deshmukh PW 9 and PW 8 respectively , assaulted Dinesh Deshmukh, Arun Deshmukh, Prafulla Deshmukh, Sau.
The accused companystituted unlawful assembly.
The accused possessed, and have used deadly weapons, such as big size sticks and medium size sticks Ubharis and Zodpas etc.
18 Narayan Kothe, Accused No.
20 Marotrao Gawande, Accused No.
On the other hand, defence examined 16 witnesses in all.
The assembly was equipped with deadly weapons, such as Ubharis, Zodpas etc.
Two days after the elections i.e. on 26.10.2002, the incident in question took place.
Aspects, namely motive and intention, both were proved.
19 Baban Karale, Accused No.
The fact of homicidal death and other injuries were number disputed.
Unlawful assembly dealt a fatal assault on Ashok.
On the other hand, Deshmukh Group was representing Shetkari Shet Majoor Party and five of their candidates were elected in the said elections.
Victims of the said crime are also residents of the same village.
He further submitted that motive for false implication gets supported by the fact that in the elections which took place two days before the incident, five persons from Deshmukh Group were elected whereas from Choudhary Group, lesser number of persons i.e. four persons were elected.
The enmity between the parties and companymotion were also number in dispute.
Other witnesses are the doctors who examined the injured persons and companyducted postmortem of the deceased Ashok Deshmukh , Investigating Officer, Executive Magistrate, Panch and other witnesses.
Persons belonging to the victims group known as Deshmukh Group as well as those who are accused persons known as Choudhary Group are the two rival political groups active in the village politics.
Unlawful assembly dealt a violent and brutal assault on other injured witnesses, namely PWs 6, 7, 8, 9, 10, 11 and 13 Dinesh Deshmukh, Arun Bhaurao Deshmukh, Vivek Nanaji Deshmukh, Vilas Bhauraoji Deshmukh, Kalpana Vijayrao Deshmukh, Kausalyabai A. Chaudhari and Praful Uttamrao Deshmukh respectively , and did stone pelting and damaged the houses of PW 12 Deorao Nakhale and PW 16 Bhimrao Nakhale, and damaged the scooter of PW 4 Sushil Deshmukh.
Kalpana Deshmukh and Smt.
The prosecution examined, altogether, 26 witnesses.
The witnesses depose that the members of the unlawful assembly of accused persons proclaiming that they wanted to eliminate the main persons from Deshmukh family, because of the acrimony which they had due to defeat in the Panchayat election.
The High Court numbered that defence of the appellants was that it was a case of stampede, though numberattempt was made to explain as to how the stampede companyld have occurred.
Shetkari Shet Majoor Party was led by Vijay Deshmukh and Samata Party was led by Bhujangrao Choudhary.
On 24.10.2002, elections for Village Panchayat, Badegaon took place.
Kausabai Choudhary PW 6, PW 7, PW 13, PW 10 and PW 11 respectively , pelted stones on the houses of Deorao Nakhale and Bhimrao Nakhale PW 12 and PW 16 respectively and damaged the scooter of PW 4 Sushil Deshmukh.
Judgment of the High Court in the criminal appeals, that were filed by the appellants, allowed the appeals in part thereby altering the charge under Section 307 IPC to Section 324 of the IPC.
K. SIKRI, J. In all these appeals, there are 21 number of appellants who are all companyvicted for the offences punishable under Sections 302, 307, 324, 336, 427, 506 II, 148 read with Section 149 of the Indian Penal Code, 1860 for short the IPC by the Additional Sessions Judge, Nagpur vide his judgment dated 05.02.2010, which is substantially upheld by the High Court vide impugned judgment dated 24.01.2011.
