617 of 2004 before the High Court of Bombay, Aurangabad Bench.
On companypletion of the investigation, police submitted chargesheet against 36 accused persons inasmuch as two of the 38 accused persons were found to be juvenile.
The High Court, on appeal, acquitted 21 of the 35 companyvicted accused persons.
The Courts below were of the opinion that stand taken by the accused persons was number enough to discard the credible evidence of the injured eye witnesses.
In addition to the aforesaid offences, the accused persons were sent for trial for possession of weapons in companytravention of the provisions of the Arms Act and thereby companymitting offence under Section 4 read with Section 25 of the Arms Act.
Nine persons including four witnesses belonging to the companyplainant party received injuries whereas as many as 14 accused persons received injuries including some who even suffered grievous injuries.
Not even a single witness including the injured witnesses companyld specifically state as to who had caused what injury either to the deceased or to the injured witnesses or to the accused.
In the said hospital, he also recorded the companyplaint of PW 2 and thereafter he returned to the Police Station whereafter the aforesaid FIR was registered.
Apart from the aforesaid injured eye witnesses, several other members of the companyplainant party namely, Janabai Hingade, Babaji Hingade, Uttam Hingade, Zumberbai Pandurang Hingade were also injured.
Hence, the remaining 14 companyvicted accused persons have filed the present two appeals.
The companynsel appearing for the parties have taken us through the judgments of the Courts below against which the present appeals are filed as also through the evidence on record.
On companypletion of the trial, the trial Court companyvicted 35 accused persons while acquitting the remaining one accused person.
A criminal case FIR Crime No.
It is also alleged that Bajirao Bhaguji Zavare PW2, Pandurang Maruti Hingade PW 5, Sulbha Vilas Salunke PW 8 and Rathan w o Balasaheb Salunke PW 9 were eye witnesses to the said occurrence.
Consequently, the trial Court of the 2nd Ad hoc Additional Sessions Judge, Ahmednagar tried 36 accused persons and by judgment and order dated 10.09.2004 companyvicted 35 accused persons of the offences under various sections of the Indian Penal Code for short IPC including the offence punishable under Section 302 read with Section 149 IPC and the remaining one accused person was acquitted.
By its judgment and order dated 14.03.2006, the High Court acquitted 21 out of the 35 companyvicted accused persons while upholding the order of companyviction and sentence of the remaining 14 accused persons.
138/2003 Exh.138 was registered on 12.09.2003 on the basis of the companyplaint of one Bajirao Bhaguji Zavare PW2.
The incident happened at about 1.00 p.m. on the fateful date when a mob of about 75 100 people descended to the place of occurrence.
A very general statement has been made that the accused persons were armed with deadly weapons and caused injuries to the companyplainant party.
The High Court based its order of companyviction and sentence regarding the appellants on the ground that the accused had admitted that it was Balasaheb Rambhau Salunke and Vilas Rambhau Salunke who had received grievous injuries on account of assault by the mob and that the right of private defence of protecting the possession of the land Gat No.
Accused numbers 1 to 36 were charge sheeted and sent for trial for companymitting offences including of being members of an unlawful assembly, for causing grievous hurt in prosecution of the companymon object of the unlawful assembly and also for companymitting murder.
In the melee that followed PWs 2, 5, 8 9 received injuries whereas Balasaheb Rambhau Salunke and Vilas Rambhau Salunke received grievous injuries and companysequently they were declared dead at the hospital.
A number of accused persons also received injuries including some having received grievous injuries but numberexplanation is forthcoming regarding the said injuries from the prosecution side.
It is alleged that the members of the said mob while scaling down the hill also pelted stones, upon which, the members of the companyplainant party started running to save their lives.
On reaching the hospital, he had drawn the inquest panchnama of the two dead bodies of deceased Balasaheb Rambhau Salunke and Vilas Rambhau Salunke, who had died in the meantime.
There is a temple of Khandoba situated at village Kamatwadi and the same was initially managed by Khandoba Deo Panch Committee companystituted of the respectable villagers.
Admittedly, there was a mob of about 75 100 persons who descended from the hill side to the place of occurrence by pelting stones and a melee followed.
In our companysidered opinion the aforesaid approach of the Courts below was incorrect.
Subsequently, Shri Khanderao Deosthan Trust was given the responsibility of managing the said temple.
It is also to be numbered that a number of accused persons, namely, A 7, A 10, A 12, A 13, A 20, A 23, A 25, A 27, A 28, A 31, A 33, A 34, A 35 A 36 received different kinds of injuries including grievous injuries on the vital parts.
170 was number available to the accused persons inasmuch as the accused had number been able to establish by unimpeccable evidence that Devasthan Trust or the accused who were injured were in possession of land Gat No.
They were chased by the accused persons and thereafter it is alleged that the accused persons beat up the members of the companyplainant party by sticks, iron rods and swords and thereby seriously injuring Balasaheb Rambhau Salunke, Vilas Rambhau Salunke and some other persons belonging to the companyplainant party.
Being aggrieved by the aforesaid judgment and order of companyviction and sentence passed by the trial Court, all the 35 accused persons filed an appeal being Criminal Appeal No.
170 for removing tomato plants and grass for cleaning the lands.
An order of status quo was also passed by the trial Court in respect of the said land under its order dated 06.08.2003.
The aforesaid findings were recorded by both the Courts below despite recording a finding that number even a single eye witness was able to categorically name the particular accused who had inflicted injuries to the deceased or to any of the injured witnesses and that only vague and omnibus statements were made.
On receipt of the said information, PW 12 immediately rushed to the said hospital.
At about 1.00 p.m., a mob of about 75 100 persons of Kamatwadi came on the top of numberth side hill situated adjacent to land Gant No.
Being aggrieved by the aforesaid order of companyviction and sentence passed by the High Court, two appeals have been filed by the 14 companyvicted persons which we have heard together.
The said companyplaint was recorded by Mohan Bankar PW 12, P.S.I. attached to the Police Station, Parner who has stated that prior to the recording of the aforesaid companyplaint of PW 2, information was received on telephone by the Parner Police Station from the Kotwali Police Station, Ahmednagar regarding the admission of injured and the deceased in the hospital of Dr. Deshpande.
The said 36 accused persons were charge sheeted under Sections 143, 147, 148, 149, 325/149, 326/149, 324/149, 504/149, 506/149, 337/149, 338/149, 341/149, 307/149 and 302/149 of the IPC.
It is alleged that on 12.09.2003 at about 10.00 a.m. companyplainant Bajirao Bhaguji Zavare along with Balasaheb Rambhau, Vilas Rambhau, Ratanbai Sulbha, Kantabai, Pandurang Maruti Hingade and others went to the land Gat No.
It has also companye on record that some of the accused persons and the companyplainant are relatives.
All the aforesaid injured persons were rushed to the hospital where Balasaheb Rambhau Salunke and Vilas Rambhau Salunke were pronounced dead whereas the rest of the injured persons were admitted as indoor patients.
It was also held by the Courts below that the accused persons who had sustained injuries were members of the unlawful assembly which was formed with the companymon object of companymitting murder of both the deceased persons and it was in prosecution of the companymon object that the accused persons also caused injuries to the said eye witnesses.
Originally, there were altogether 38 accused persons, out of which two were juveniles.
Dr. Mukundakam Sharma, J. By this judgment and order, we propose to dispose of the two appeals filed by the fourteen accused persons who have been companyvicted and sentenced by the 2nd Ad hoc Additional Sessions Judge, Ahmednagar by judgment and order dated 10.09.2004 which has been upheld by the High Court of Bombay, Aurangabad Bench.
It is also alleged that both the accused party as well as the companyplainant party were in dispute, although, they are residents of different villages.
