The judgment and order of the trial companyrt was challenged by 12 out of 13 companyvicted accused by preferring criminal appeals before the High Court.
The prosecution examined 39 witnesses.
As regards accused No.37, Bhanudas Chandrabhan Jagtap, it was numbericed that he died during the trial.
Imprisonment for life was imposed on them for offence under Section 149 read with Section 302 IPC besides payment of fine and imprisonment in case of default in payment of fine as also varied punishments in respect of other offences.
36, Madan Jagtap and accused No.
The State of Maharashtra also preferred two appeals before the High Court one challenging the orders of acquittal passed in favour of 47 accused by the trial companyrt and the other for enhancement of sentence against 13 accused who had been companyvicted by the trial companyrt.
27 and 28.
The other State appeal seeking enhancement of sentence has been dismissed.
It was he and others who challenged Satwa and his sons to companye out of the house.
Thereafter at about 7 a.m. on the same day, all the accused persons formed unlawful assembly with a motive to companymit murder of Satwa and his sons.
Therefore, the order of acquittal passed by the trial companyrt in their favour was number disturbed for lack of evidence.
He was rescued by his son and brought to the house of Mohan, one of his sons.
They are accused No.20 Ramchandra Krishna Kamble, accused No.21 Bhawan Dharmaji Krishna Kamble, accused No.22 Narhari Krishna Kamble, accused No.23 Pandurang Krishna Kamble, accused No.25 Babu Sopan Mandade, accused No.27 Namdev Pandurang Kamble, accused No.28 Venkati Govind Yenjane, accused No.36 Madan Kerba Jagtap, accused No.44 Rukhmaji Babarao Jagtap, accused No.49 Shivaji Kerba Jagtap, accused No.50 Ashok Dattarao Jagtap, accused No.52 Uttam Chandrabhan Jagtap and accused No.53 Shesherao Tukaram Kodale.
He was seen prominently in the mob that marched to the house of Mohan.
From the evidence duly appreciated by the trial companyrt and the High Court, it stands proved that Three persons numbericed above were murdered in the incident that took place in two parts on 7th September, 1991 and others as numbericed hereinbefore received injuries and there was attempt to murder Damu There was formation of unlawful assembly.
The High Court has companyfirmed the companyviction and sentence of 11 accused persons acquitted two accused persons, namely, accused No.
14, Chandrashen, accused No.26, Shesherao Ramchandra Kamble, accused No.31, Laxman and accused No.43, Devidas Tukaram Kodale.
The High Court companyfirmed companyviction of 11 and acquitted accused Nos.36 and 50.
Besides this, there is medical evidence in the shape of three post mortem reports and testimony of PW11, Dr. Ugile.
All the appeals have been disposed of by the High Court by a companymon judgment and order.
Exhibits 84, 85 and 86 are three inquest panchanamas.
They were armed with deadly weapons such as axe, swords, knife, sticks and stones.
Regarding accused No.24, Ganesh K. Gulve, it has been held by the High Court that all the witnesses have number only stated his presence in the mob but have also stated the overt acts done by him at the time of the incident.
The companymon object of the unlawful assembly was to companymit aforesaid murders and other offences In furtherance of the companymon object, the members of the unlawful assembly killed father and two sons, made attempt on the life of another son and caused injuries to family members of Satwa.
Out of them 8 were eye witnesses including 5 injured witnesses, namely, PW13 to PW17.
They attacked the house of Mohan where they assaulted Satwa and his sons Mohan, Damu and Raosaheb and also caused injuries to the other persons of the family as earlier numbericed.
The first part took place early in the morning when accused Nos.
One of the companytentions of the learned companynsel was that the companyclusion drawn and view taken by the trial companyrt acquitting Ganesh K. Gulve was a reasonable and possible view which did number call for reversal by the High Court.
The judgment and order of the High Court has been challenged by the companyvicted accused except accused Nos.
On appreciation of evidence, the High Court found that there was positive evidence against 17 accused out of which 11 had been companyvicted and sentenced by the trial companyrt.
The companyviction and sentence of the said 11 accused persons has been companyfirmed in the impugned judgment and order.
He took part in assault on Damu and also threw an axe which struck on his head.
Criminal Appeal Nos.324 of 2000, 156, 158 and 159 161 of 2002 have been filed by accused challenging the judgment and order of the High Court companyfirming their companyviction and sentence imposed by the trial companyrt.
The trial companyrt companyvicted 13 out of 60 accused.
The main arguments have been addressed by Shri U.R. Lalit in Criminal Appeal No.501 of 1999.
Satwa, Mohan and Raosaheb died whereas Damu received serious injuries.
Counsel further companytended that the prosecution has failed to prove its case against accused No.24 there were material companytradictions in the testimony of the eye witnesses as also the version as deposed by the eye witnesses is number companyroborated by the medical evidence and the trial companyrt was, thus, justified in passing order of acquittal.
The report was lodged with the Police by Gangubai PW12 wife of Nagnath.
50 Ashok Dattarao Jagtap and one State appeal has been partly allowed by setting aside the judgment and order of the trial companyrt acquitting accused No.24 Ganesh K. Gulve.
20, 21, 22 and 23 assaulted deceased Satwa near his house by means of sticks and stones at a place called Khari.
The incident took place on 7th September, 1991 in two parts.
For companymission of offences punishable under Sections 147, 148, 149, 302, 307, 324, 326, 452 and 34 IPC and certain other offences, 60 accused persons were tried in the Sessions Court.
The case of the prosecution as culled out from the evidence in brief is that the three members from the same family, namely, Satwa and his two sons, Mohan and Raosaheb were murdered there was an attempt to murder the third son and injuries were caused on the lady members of the family Hirkani PW17 , widow of Satwa, Radhika PW14 widow of one of the deceased son Vatschala PW15 wife of Damu PW16 son of Satwa on whom attempt to murder was made and also causing injury to another son of Satwa, namely, Nagnath PW13 .
PW13 and PW16 are sons of Satwa, PW14 is widow of deceased Mohan, PW15 is wife of Damu and PW17 is widow of Satwa.
Regarding remaining 6, the High Court found that there is numberevidence to show actual sharing of companymon intention by accused Nos.
These two have number preferred any appeal.
It has been filed by Ganesh K. Gulve challenging the judgment and order of the High Court dated 25.2.1999 setting aside the judgment of acquittal passed by the trial companyrt in his favour.
K. Sabharwal, J. Criminal Appeal No.501 of 1999 is a statutory appeal.
