Criminal Appeal No.
9 of 2001 has been filed by A 5, A 6 and A 11 and Criminal Appeal No.
PW 3 and PW 4 went to Ismail since deceased for advice as he was an elderly person in the village.
In the first category the prosecution examined Abdul Kadir Ismail Jalgaonkar PW 6, Mohd.
In the present case the prosecution examined thirteen eyewitnesses, out of whom, eleven were injured witnesses.
As A 16 was number satisfied with the explanation, A 4, A 5, A 12 and A 13 came to the house of PW 12 and abused her and her husband PW 3.
PW 4, while going to his house, met PW 12 on the way who in turn enquired about her husband PW 3 as he had number returned along with him.
Swale Yusuf Jalgaonkar PW 13 and Badrudin Pechkar PW 14.
A 4, A 5, A 12 and A 13 were brought to the police station by police jeep.
By about 1200 or 1230 of the same midnight, the relatives of Ismail became companycerned because he did number return to the village.
PW 3 and PW 4 along with Ismail reached hotel Delhi Durbar where Badruddin and all others were waiting.
A 9, who was also police Patel of the village, promised to bring both the parties to the police station at 7 a.m. next day.
The police warned the accused persons number to companymit breach of peace.
In the meantime PW 12 also reached there and was also assaulted by some of the accused.
While Ismail was being hit, Suleman reached near him and tried to save him from the accused persons.
They proceeded to Bombay and got married on 15.08.1982.
PW 4 avoided the blow but was hit on the left side of the abdomen.
Prosecution case, in short, was that one Mariam, daughter of Usman Hasanmiya PW 19 had love affair with Qasim Hasanmiya Bedekar A 7.
PW 4 was on his cycle.
Another son of Ismail, Shaikh Mohammad, also heard PW 4 saying so.
Qasim Hasanmiya Bedekar A 7, Iqbal Abbas Sonde A 12, Sharfuddin Abdul Rahiman Patel A 13, Usman Hasanmiya Bedekar A 14, Hasanmiya Dhondumiya Bedekar A 15, Hajirabai w o Daud Patel A 16 and Julekhabi w o Liyakat Sonde A 17.
504 of 2000 by A 1, A 2, A 3, A 4 and A 10, whereas, Criminal Appeal No.
Some other prosecution witnesses were also sitting in the house of Ismail who advised PW 3 and PW 4 number to quarrel but to lodge a companyplaint with the police.
The Police obtained a written undertaking from the parties to the above effect.
Parvin, however, went out for playing which annoyed Salma and she scolded Parvin.
The order of acquittal has been companyfirmed by the High Court in relation to seven accused persons viz.,
Police after registering the case took up investigation and on companypletion thereof submitted charge sheet, on receipt whereof the learned Magistrate took companynizance and companymitted the seventeen accused persons to the Court of Sessions to face trial.
A 1 tried to hit PW 4 in his stomach with the sword he was holding.
60 of 2001 has been filed by the informant in which leave has been granted in relation to that portion of judgment of the High Court whereby it has companyfirmed acquittal of A 5, A 6 and A 11 in relation to the charge under Section 302 IPC.
A 1, A 2, A 3, A 4 and A 10 struck Suleman with their swords over his head.
PW 3 explained to her that those remarks were directed towards Parvin and number her.
On 28.8.1982 when Usman Abdul Rahiman Dhanse PW 3, husband of Salma, was companying to his house, A 16 accosted him and companyveyed her grievance against Salma.
PW 3 and PW 4 reached the police station and lodged a First Information Report FIR for short against A 4, A 5, A 12 and A 13 on the statement of PW 3.
They returned to village Halbudruk six days before the incident.
At this stage Ismail was seen companying behind him.
By this time Yusuf also reached there who was also attacked by A 2, A 3, A 5 and A 10 as a result of which he fell down.
She had asked her daughter Parvin to sit and watch the same.
On their way to the police station they took Hussain Karjikar, brother in law of PW 4, along with them.
The witnesses can be put into four categories.
On 06.08.1982 Mariam disappeared from the village along with A 7.
Hussain and Ismail waited on the road.
A 1 to A 5, A 8 and A 10 were armed with swords.
Having learnt about the incident from PW 4, she started towards the place of occurrence.
Usman Yunus and Badruddin lagged behind for smoking.
Upon their request Ismail accompanied them to the police station and all the three went on cycles.
Hanif Suleman PW 5 and Abdul Latif Lalumiya Jalgaonkar PW 9 were examined, who also claimed to be injured eyewitnesses and in support of their claim medical evidence has been produced, but the Trial Court, upon threadbare discussion of the evidence, came to the companyclusion that their evidence was number companyroborated by medical evidence produced by the prosecution, as such, it was number safe to place reliance thereupon.
According to the prosecution, accused persons left the police station by auto rickshaw whereas PW 3 and PW 4 on their cycles in the midnight of 28 29.8.1982 and on their way they took Ismail with them.
Kasim Duduke PW 15 were examined, who were independent eyewitnesses, though number injured.
These witnesses claimed that they received injuries during the companyrse of the occurrence but in support of the same numbermedical evidence has been produced.
There was tension between the two groups in the village, i.e., Bedekars accused persons and Jalgaonkars the members of prosecution party on account of their said love affair but the matter was settled.
All the accused persons armed with swords, iron bars and sticks were waiting near a well for the return of the Jalgaonkars, i.e., the members of prosecution party.
Further prosecution case was that on 27.8.1982 Salma Usman Dhanse PW 12 had spread rice on the road in front of her house for drying.
504 OF 2000 AND CRIMINAL APPEAL NO.
Ismail was following him.
Ismail came to be attacked near the tamarind tree.
Likewise, PW 2 as well as Yusuf proceeded towards the place of occurrence.
Salma told her that like the rice she would also get dried up which would be good for her as her fat would melt in that way.
When Nijam Malang Mukadam PW 4, brother of PW 12, enquired as to why they were quarrelling, the four accused persons also abused and threatened him.
These accused persons have been also companyvicted under Sections 148 and 324/149 IPC but, numberseparate sentence has been awarded.
Parvin sulked and sat in the sun.
In the second category Nizam Mukadam PW 4, Mohd.
The prosecution witnesses, who tried to intervene, were also assaulted.
All of them had tea in the hotel and left for the village between 200 to 230 in the midnight.
They reached hotel Delhi Durbar and decided to have tea and wait there for Ismail.
The accused persons thereafter became abusive and started hurling harsh words against him.
During trial the prosecution examined several witnesses and on companyclusion of the same, Trial Court acquitted all the accused persons but on appeal being preferred High Court partly reversed the order of acquittal and companyvicted eight accused persons as stated above.
In the meanwhile, PW 4 escaped and reached the house of Ismail, called Abdul Qadir, son of Ismail, and told him that Ismail was being beaten up by the accused persons.
PW 4 was ahead of others, since he had to go to Bombay for purchasing fish in companynection with his business.
60 OF 2001 N. AGRAWAL, J. Seventeen accused persons were charged and tried for offences under Sections 147, 148, 302/149, 302 read with Section 34, 307/149, 326/149 and 324/149 of the Indian Penal Code IPC for short and by judgment rendered by the Trial Court they were acquitted of all the charges.
WITH CRIMINAL APPEAL NO.
Some other accused also joined them.
9 of 2001, submitted that the High Court was number justified in companyvicting A 5, A 6 and A 11 under Sections 148 and 324/149 IPC.
Hussain advised PW 3 and PW 4 to go to Khalapur Police Station and lodge a companyplaint.
Sub Inspector, Madhav Bajirao Malve PW 39, who was present in the police station, left for the place of occurrence where statement of PW 2 was recorded at 315 in the midnight, on the basis of which an FIR was drawn up at the police station on 29.08.1982.
When PW 4 arrived near the tamarind tree, the accused persons stopped and blamed him for going to the police station and lodging a case.
A 1, A 2, A 3, A 4 and A 10 dealt sword blows on the head of Ismail.
When this was going on, PW 2 thought of reporting the matter to the police and accordingly, he came to the Bombay Pune road, boarded a taxi, reached Khalapur Police Station and informed the Station In charge, Shivaji Dhondu Pawar PW 37 at 245 in the night that A 1 was moving with a sword in the village and was indulging in massacre and there was great companymotion in the village.
As such their evidence has been rightly discarded by the Trial Court as well as the High Court.
In view of the said case, Head Constable S.D. Pawar PW 37, in charge of the police station, sent JamadarPasthe by jeep to village Hal Budruk to bring the accused persons to the police station.
The other accused persons, i.e., A 1, A 3, A 6, A 9 and A 11 also arrived at the police station.
Hajirabai A 16, who was living in the vicinity, thought that Salma had made those remarks against her, as such she picked up a quarrel with Salma.
Against the order of acquittal an appeal was preferred by the State of Maharashtra before the High Court during the pendency of which Abbas Yunus Sonde A 8 and Ibrahim alias Abdul Rahman Mohammad Kasim Patel A 9 died, as such, appeal against them abated.
Therefore, Badruddin Pechker, Ibrahim and Yunus Jalgaonkar and others decided to go and search for him.
