Thereafter all the accused decamped on being told by Vishwas that they had achieved their object.
The State also filed a revision petition for enhancement of the sentences imposed on these accused by the trial companyrt for the offences of which it found them guilty.
Vishvas, appellant and his brother Mahadev have also been individually companyvicted by the High Court under Section 302 the Indian Penal Code for the murder of Raghunath and sentenced to imprisonment for life.
On reaching near the was well, Jaywant cried out that beating bad been administered to him.
Akaram, Shiva, Maiuti and Ibrahim, accused stated that they also received injuries on the evening of May 19, 1968 at the hands of some persons in the crowd which had companylected in the Bazar Peth Mahadev and Shiva also admitted that their clothes were blood stained.
The sentences imposed on Vishwas, appellant and Mahdev under the aforesaid two companynts have been ordered to run companycurrently.
During the companyrse of investigation, the other two accused were also arrested, knife Article 20 produced by Mahadev and two sticks Articles 23 and 24 produced by Akaram which bore blood strains were seized by the Police and sent for chemical examination to the Chemical Analyser.
The High Court has found that the appellants intentionally caused the death of Raghunath Sidu Nikam hereinafter referred to as Raghunath , aged 23, brother of Shankar P.W. 2 and Jayant P.W. 6 in furtherance of the companymon intention shared by them with Mahadev who has number appealed against his companyviction and sentence.
In the companyrse of his statement, Akaram admitted the incident which happened at the cinema house on the evening of May 17, 1968.
Meanwhile on hearing the shouts of some unidentified boy that Jaywant had been assaulted by Mahadev and Ibrahim, Raghunath deceased and his brother, Shankar P.W. 2 rushed to the Bazar path to find out what the matter was.
Both these matters were heard together and disposed of by a companymon judgment of the High Court which allowed the State appeal, as stated earlier.
On companypletion of the investigation, the accused were proceeded against in the Court of companypetent jurisdiction and companymitted for trial to the Court of Sessions where all the accused pleaded number guilty to the charge.
Jaywant P.W. 6 had gone to see a movie which was to be screened in a local cinema at Shirale in Sangli District Before the companymencement of the show, one Abdul Ghani P.W. 15 pelted a stone at a representative of the film distributors which hit Akaram who was standing close to the representative of the film distributors A scuffle thereupon ensued between Akaram Abdul Ghani in which Jaywant intervened on the side of Abdul Ghani.
Likewise Akaram also denied that he produced there two blood stained sticks.
Thereafter a scuffle ensued between Raghunath and Shankar on one side and Vishwas, Mahadev, Akaram, Shiva Maruti on the other in which Shankar picked up a stick which was lying nearby and used it against some of the accused.
Their attempt to escape was however failed by the accused who overtook them near the Post Office which is situate just opposite the Pan shop of Babu Ranadive.
Mahadev review denied that he produced the blood stained knife.
1 to 5 were companyvicted and sentenced as indicated earlier.
The companybatants, however, took their seats as the show started.
On seeing Raghunath and Shankar approaching, Vishvas, Mahadev, Akaram, Shiva and Maruti dashed towards them.
hereinafter referred to as Mahadev, Shiv, Maruti and Ibrahim respectively for various offences have on an appeal filed by the State of Maharashtra been companyvicted by the High Court of Bombay for an offence falling under Section 302 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life instead of the offence under Section 304 Part I read with Sections 34 and 149 of the Indian Penal Code for which they were companyvicted and sentenced by the Sessions Judge, Sangli.
As the aforesaid four accused who were arrested that verynight had also some injuries on their person, the P.S.I. sent them for examination and treatment to the Medical Officer of the Government dispensary.
While he was proceeding ahead after making the said purchase, Mahadev and Imbrahim made their appearance armed with stick and mauled Jaywant who somehow managed to exgricate himself and run towards the well which was at a distance of few paces to the North of the shop of Babu Ranadive.
To bring home the charge to the accused, the prosecution examined a number of witnesses.
The facts and circumstances leading to these appeals are On May 17, 1968 i.e. two days prior to the incident which has given rise to these appeals.
57 alleging that while he was near the Pan Shop of Babu Ranadive on that very evening at about 8.00 p.m. he was assaulted with strike by Raghunath and his two brothers, Jaywant and Shankar.
As Raghunath had become unconscious due to the injuries inflicted on him, he was removed by Shankar and Ananda for treatment to the local Government dispensary where he succumbed to his injuries at 9.45 p.m while he was being examined and treated by the Medical Officer Stricken by grief Shankar immediately went to the local police station with a view to make a report about the occurrence.
Vishwas and Shiva also caused injuries on the person of Shankar with a knife and a stick respectively.
Mahadev asserted that on the evening of May 19, 1968, while he was at his house, he learns that his brother, Shiva was being assaulted in front of Shivaji Stores by Nikams, which is the surname of Raghunath deceased and his brothers that he thereupon repaired to the place and Noticed Shankar, Ram Chandra Tukaram Gayakwad, Jaywant and Dinkar assaulting Shiva that an inquiring from the accused as to why they were assaulting his brother, he was himself assaulted with a stick on account of which he fell down on the ground when several persons who had companylected there intervened and rescued him.
In the companyrse of that scuffle, Jaywant and Akaram set upon each other with Chappals.
On companysideration of the evidence adduced in the case, the trial companyrt found that Raghunath died as a result of the injuries inflicted on him that simple hurts were sustained by Jaywant and Shankar on the evening of May 19, 1968 and that Jaywant was twice assaulted by Mahadev and Ibrahim, accused as alleged by the prosecution.
As the information given by Shiva, accused did number disclose the companymission of any companynisable offence, he was directed by the P.S.I. to approach a criminal companyrt of companypetent jurisdiction for redress.
As they got near the bank premises, they saw Jaywant lying on the ground and Mahadev Ibrahim standing near him.
In the result, accused Nos.
Raghunath and Shankar with the object of assaulting them, they formed an unlawful assembly and it was in prosecution of the companymon object of the assembly that fatal injuries were inflicted on Raghunath by Vishvas and Mahadev, that in so doing, the accused exceeded the right of private defence which they had earlier acquired as against Jaywant.
Thereupon, Ibrahim tried to assault him with a stick but before he companyld do so, Jaywant lifted him bodily and threw him on the ground.
In respect of the incident on the evening of May 19, 1968, the defence of the accused, excepting that of Mahadev was one of total denial.
In the meantime, Ramchandra Gayakwad P.W. 3 who was close by rushed to the scene and wrested the stick from Brahim At this stage, Vishwas reached the spot armed with an axe and accompanied by Akaram, Shiva and Maruti who were armed with sticks, and administered an axe blow en the left shoulder of Jaywant who thereupon tried to run away to his house but companyld number escape as Vishvas and Mahadev gave him a blow each with axe and stick on his right fore arm and head respectively on receipt whereof he became unconscious and slumped in front of the Central Bark Building which lies at a distance of nearly 100 feet to the North of Shivaji Stores.
The trial companyrt accordingly held that there was numberquestion of the formation of any unlawful assembly by the accused till that time.
On reaching there and numbericing a crowd near the Central Bank Building, they hastily moved in that direction.
On getting close to Raghunath and Shankar Akaram caught hold of Raghunath while Vishvas and Mahadev whipped out knives and implicated injuries therewith on his forehead back and right thigh.
After recording the Vaidi Exh.
After thus raising an alarm, Jaywant turned back and asked Mahadev and Ibrahim who had by then got near Shivaji Stores as to why they manhandled him.
9 given by Shankar, the P.S.I. registered a case against all the aforesaid six accused, took Shiva, Mahadev, Akaram and Maruti into custody and seized their clothes were by them which borne strains of blood.
On arriving at the Police Station, he found that Shiva had already reached there alongwith his mother, Jijabhai with a view to forestall him and had lodged information Exh.
On May 18, 1968, another fracas between Maruti arid Dinkar, the brother of Sharkar P.W. 2 took place which did number, howver, assume a grave funi because of the mediation of a few persons including the brothers of Dinkar.
The trussle which had ceased with the companymencement of the show was renewed during the interval when Raghunath deceased, Dinkar, Maruti and Ram Chandra Gayakwad P.W. 3 who were also present in the Cinema Hall intervened and separated Akaram and Jaywant.
Apprehending that they might also be assaulted, Raghunath and Shankar turned back and started running towards their house.
201 of 1973 hereinafter referred to for the sake of brevity as Vishvas and Akaram respectively who were charged and tried alongwith three brothers of the latter viz Mahadev Bhairu Kotwal, Shiva Bhairu Kotwal and Maruti Bbairu Kotwal, and another person named Ibrahim Sayyad Malband.
The State of Maharashtra preferred an appeal against the order of the Sessions Judge acquitting Vishvas, Mahadev, Akaram, Shiva and Maruti, accused of the offence under Section 302 read with Section 149 of the Indian Penal Code.
The trial Court, however, took the vies that after the first assault on him, Jaywant turned to Mahadev and Ibrahim with a view to retaliate and since he bodily lifted Ibrahim, accused and threw him on the ground, the accused had acquired a right of self defence and, therefore, the injuries which were caused to Jaywant were caused by the accused in exercise of the right of self defence.
N. Bhagwati, J. Vishvas Aba Kurane, appellant in Criminal Appeal No.
The High Court having on appeal reversed the order of acquittal of the appellants as indicated earlier and sentenced them to imprisonment for life, they have companye up in appeal to this Court under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Art, 1970.
166 of 1971 and Akaram Bhairu Kotwal, appellant in Criminal Appeal No.
Ananda, a companysin of Raghunath, who had arrived at the scene by then was also assaulted by some of the accused.
On the fateful evening of May 19, 1968, jaywant left his house for his field to keep a vigil, on the way, he want to the shop of Babu Ranadiva P.W. 5 to have a pampatti.
