The prosecution examined 16 witnesses.
Accused Nos.
However, numbersale deed was executed between them yet Madhavrao companytinued to remain in possession of cattle shed all through.
On numbericing this, Madhavrao tried to enter in cattle shed to save his wife Savitribai.
In the meantime, Kishore Achyut Deshmukh PW 1 , In charge Tahsildar of the area also reached to the hospital and recorded the statement of Savitribai Ex P 42 .
215 and 225 of 2011 which arise out of judgment order dated 11.04.2011 passed by the Sessions Judge, Parbhani in Sessions Trial No.80 of 2008.
Thereafter they wrapped Savitribai in a piece of cloth and took her to the civil hospital around 10 A.M. In the meantime, Mohammad Bashir Sheikh Umar PW 2 Inspector on duty to the Nanal Peth Police Station, got an information that a lady with burn injuries was admitted to the Hospital.
The case was then companymitted to Sessions for trial.
8715 of 2014 whereas appeals SLP Crl.
Since the appellants did number listen to Madhavrao and companytinued in their operation in removing the sheets, Madhavrao resisted and made attempt to stop them.
Gopal A 2 then inflicted an axe blow on Madhavraos head due to which he sustained bleeding injury.
Savitribai, who was resisting the appellants, caught in companytact of fire and received severe burn injuries.
Accused Nos.
When Madhavrao cried for help, Navnath and other persons reached there and tried to extinguish the fire.
Both were agriculturists.
The accused abjured their guilt and claimed trial.
On 16.01.2008 at 6.15 a.m., Savitribai succumbed to her injuries while in the Hospital.
In companyrse of time, both entered in politics and formed their respective panels to companytest the elections for the post of Sarpanch of the village.
The sentences imposed in respect of other offences are of below 7 years and all the sentences have been directed to run companycurrently.
9524 9525/2014 are filed by accused Nos.
On the same day, five accused were arrested, panchnama Ex P 58 was prepared and several articles were recovered from the spot.
After getting certification from the doctors that Savitribai was in a fit companydition to give her statement, PW 2 recorded her statement Ex 45 .
In the election, panel led by Madhavrao Range won whereas panel led by Apparao Pund lost.
This led to scuffle between Apparao A 1 , Sachin A 4 , Achyut A 3 and Madhavrao PW 3 .
1, 3 and 4 beat Madhavrao with fist blows and leg kicks and threw him out of cattle shed.
Against the said order, the appellants have preferred these appeals by way of special leave before this Court.
This led to arrest of some other accused persons and also led to registration of case of offence punishable under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as IPC along with other offences punishable under Sections 147, 148, 323, 324, 436, 440, 448, 506 all read with Section 149 IPC against the appellants and other accused persons.
Due to this event, the relations between them were number as companydial as they used to be in the past.
6 of 2008 and started investigation.
The High Court, by impugned judgment, dismissed their appeals and companyfirmed the companyviction and sentence awarded by the trial Court to each of the appellants.
Challenging the said order, the appellants filed appeals in the High Court against their companyviction.
Apparao Rajaram Pund A 1 and Madhavrao Rangnathrao Range PW 3 , both resident of village Itlapur in District Parbhani, were good friends.
2, 3 and 6.
The Sessions judge companyvicted the appellants accused and imposed punishment to each appellant as specified above.
While assailing the legality and companyrectness of the impugned order, Mr. Sudhanshu S. Choudhari, learned Counsel for the appellants has argued only one point.
Nos.10109 10110/2014 are filed by accused Nos.1 and 4 and appeals SLP Crl.
Around 25 30 years back, Madhavarao had purchased two kathas of land from Apparao for his cattle shed in the same village and he was also placed in its possession.
By impugned judgment, the High Court companyfirmed the companyviction and sentences awarded to the appellants by the learned trial Judge.
Annasahab Gholap Assistant Police Inspector PW 16 then registered the crime being Crime No.
At that time, Savitribai and Madhavraos son Udhav PW 5 , who were also present on the spot, intervened and resisted the appellants from removing the sheets.
The statements of the accused persons were recorded under Section 313 of the Code of Criminal Procedure, 1973.
5, 8, 9 10 have filed appeal SLP Crl.
Apparao A 1 , who was having bottle companytaining kerosene, poured the entire kerosene on cattle shed and Sachin A 4 set the cattle shed on fire.
Therefore, he rushed to the hospital to record her statement.
On 15.01.2008, the appellants around 7.30 to 8.00 A.M. armed with weapons barged in the cattle shed and started removing the iron sheets fixed on the roof.
Savitribai the deceased was the wife of Madhavrao Range.
Abhay Manohar Sapre, J. These appeals are filed by the accused persons against the judgment and order dated 03.02.2014 passed by the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal Nos.
Madhavrao requested the appellants number to remove the sheets.
