Bibhishan Khade died in the said attack and many persons from the side of companyplainant had received injuries.
Originally there were 16 accused namely Bhagwan Jagannath Markad, Janardhan Rambhau Tate, Dada Sayyednoor Mulani, Sayyed Sayyadnoor Mulani, Sandipan Sakhara Koyale, Nivrutti Sakharam Koyale, Krishna Sakharam Koyale, Shailendra Sandipan Koyale, Chandrakant Shankar Markad, Babu Rama Berad, Balu Naradeo Berad, Manik Rama Berad, Pandurang Babu Arade, Sadashiv Shahu Arade, Kisan Rama Berad, and Appa Shabu Arade.
Accused Nos.1 and 2 Bhagwan Jagannath Markad and Janardhan Rambhau Tate also attacked deceased Bibhishan Vithoba Khadle.
Accused No.3 Dada Sayyednoor had barchi.
Accused No.3 Dada Sayyednoor Mulani put the house on fire on account of which everyone came out.
So far as accused Nos.8,9,12,13,14,15 and 16 are companycerned, their acquittal is required to be upheld.
Main companytention raised on behalf of the appellants is that the judgment of acquittal rendered by the trial Court was certainly a possible view on appreciation of evidence and the High Court companyld number reverse the same as there was numberperversity.
Therefore, for causing death of Bibhishan Khade the accused are required to be held guilty under Section 302 read with Section 149 of the Indian Penal Code and for causing severe injuries to the aforesaid prosecution witnesses and others, they are required to be held guilty under Sections 324 and 326 r w 149 of the Indian Penal Code.
PW2 Shivaji Fuge, PW3 Yuvraj Koyale, PW7 Bhimrao and PW9 Bhimrao Dhavale are witnesses to the recovery in pursuance of the statements under Section 27 of the Evidence Act.
The prosecution led evidence companyprising of medical evidence, recovery of material objects, eye witnesses and the investigation.
We will make reference only to the relevant evidence on record.
The High Court upheld acquittal of accused Nos.
Undoubtedly, the accused Nos.1 to 7 and 10 and 11 had formed an unlawful assembly with a companymon object of launching an assault.
The occurrence was a result of the enmity on account of party faction in Panchayat and Co operative Society elections.
On the way, the FIR was lodged at 5.30 p.m. and thereafter the injured and the deceased were taken to the PHC and then to the civil hospital.
P.W.15 has implicated accused Nos.1,2,3,4,5,6, 10 and 11.
The findings of the trial Court are totally perverse and therefore this appeal is required to be allowed, but to what extent and against which of the accused is the question.
The house or vasti of Dagadu was set to fire.
Vasti was set to fire.
The trial Court rejected the prosecution version inter alia for following reasons Recovery was number admissible as the location of the articles recovered was already known There was inordinate delay in sending the case property to the Chemical Analyser and possibility of tempering was number ruled out There was inconsistency in the evidence of PWs Kernath Koyale, Bibhishan Vithoba Khadle and Chaturbhuj Khade in the manner of assault and the weapon used The prosecution did number examine Indubai and Gopinath Motive was number established as there was numberimmediate election of the Panchayat or of the Cooperative Society There was improvement in the version initially given to the police and the version put forward before the Court and All the material witnesses are either related or otherwise interested and their testimony companyld number be accepted in absence of companyroboration in material particulars.
As per the prosecution version recorded in the FIR lodged by PW10 Satyabhama, her husband PW11 Dagadu Gopinath Koyale, father in law Gopinath Koyale, deceased Bibhishan Vithoba Khadle, PW18 Chaturbhuj Khade, PW15 Bibhishan Kshirsagar along with others were present in their house on the date of the occurrence on 13th November, 1988 at 12.00 numbern when all the accused came there to attack her husband.
The said accused, however, replied that PW11 Dagadu had been Sarpanch for 10 12 years and thus, accused should be allowed to become Sarpanch.
The accused then beat PW11 Dagadu Gopinath Koyale and PW18 Chaturbhuj Khade with sticks and swords.
The Chemical Analysers report was also produced about the blood group on some of the recovered articles.
8, 9, 12, 13, 14, 15 and 16.
PW4 Dr. Shravan Gavhane companyducted the post mortem on the body of the deceased and found seven injuries.
This was, therefore, number a case of clear cut acquittal of all the 16 accused.
PW5 Dr. Dinesh Kumar examined the injured PW11 Dagadu and found 10 injuries which included eight incised wounds, two injuries on Gopinath Mahadev Koyale, one companytused wound on PW18 Chaturbhuj Khade, three injuries on Murlidhar Yeshu Kshirsagar.
Accused No.5 Sandipan Sakharam, however, stated that he was called by Dagadu through deceased Bibhishan Vithoba Khade to his place where PW18 Chaturbhuj Khade and PW12 Kernath Koyale were also present.
The accused denied the charge.
Accused Nos.1 and 2 Bhagwan Jagannath Markad and Janardhan Rambhau Tate attacked Dagadu with swords on hands, legs and knees.
The accused are aggressors.
They have launched attack while persons from the companyplainants side had assembled to celebrate their Diwali.
Accused No.3 Dada Sayyednoor, accused No.4 Sayyed Sayyadnoor Mulani, accused No.5 Sandipan Sakharam Koyale, accused No.6 Nivrutti Sakharam Koyale, accused No.7 Krishna Sakharam Koyale caused beating to the deceased Bibhishan Vithoba Khade.
2 to 7 were said to be with hard and blunt object like sticks or swords.
PW11 Dagadu told him that he should number companytest the election.
Accused No.6 Nivrutti Sakharam Koyale had barchi.
In the statement before the companyrt, apart from repeating above version, PW10 Satyabhama further stated that a bullock cart was arranged to carry injured Dagadu and the deceased Bibhishan Vithoba Khade upto the main road and thereafter they were carried in a jeep.
So far as offence under Section 436 of the Indian Penal Code is companycerned, the evidence of the prosecution witnesses is number companysistent and, therefore, numberody can be companyvicted under that section.
Investigation is prompt and swift and even if other evidence regarding recovery of incriminating articles is number companysidered, the oral evidence and ocular evidence of the aforesaid witnesses i.e. P.W.10, 11, 12, 13, 15 and 18 and others discussed by us including those two doctors fully prove the prosecution case.
He found two injuries on Bibhishan PW15.
Accused No.2 is reported to have died.
The close scrutiny of the evidence of eye witnesses particularly P.W.10, 11, 15 and 18 shows that W.10 has implicated accused Nos.1,2,3,5,6,7, 10 and 11.
Accused No.8 Shailendra Sandipan Koyale had sticks.
According to the prosecution, one Bibhishan Vithoba Khadle has been murdered and six persons have been injured being Indubai, PW11 Dagadu Gopinath Koyale, PW18 Chaturbhuj Khade, PW15 Bibhishan Kshirsagar, Gopinath Mahadev Koyale and PW12 Kernath Koyale in the attack by the accused.
We have heard learned companynsel for the appellants on the one hand as also learned companynsel for the State and the companyplainant on the other and with their assistance, gone through the material on record.
Accused No.5 Sandipan Sakharam Koyale had iron rods.
Accused No.7 Krishna Sakharam Koyale had axe.
Accused No.10 and 11 Babu Rama Berad and Balu Naradeo Berad had axe.
PW11 Dagadu fell down on account of beating and became unconscious.
Injury No.1 was on the head which was found to be fatal.
P.W. 18 has implicated accused Nos.1,2,3,5,6,7 and according to him, accused No.3 set fire to the Vasti.
Accused No.4 Sayyed Sayyadnoor Mulani had knife.
The High Court has number fully discussed the evidence number dealt with the reasons recorded by the trial Court for rejecting the prosecution version.
This led to inter se assault between PW11 Dagadu and deceased Bibhishan Vithoba Khade and the said accused was also assaulted by PW11 Dagadu.
The assault was by deadly weapons like sword, barchi, knife, gupti and sticks.
Presence of accused No.5 Sandipan at the spot is fully proved, apart from other evidence, because of the injuries suffered by him.
No further companyroboration is necessary.
Thus, eight appellants are before this Court.
He also found one incised wound on the right forearm of accused No.5 Sandipan Sakharam.
PW11 Dagadu remained in the hospital for three to four months and thereafter in private hospital for two to three months.
P.W.11 has implicated accused Nos.1,2,3,4,5,6,7 and according to P.W.11, accused No.3 set fire to the Vasti.
They are A1 Bhagwan Jagannath Markad A3 Dada Sayyednoor Mulani A4 Sayyed Sayyadnoor Mulani A5 Sandipan Sakhara Koyale A6 Nivrutti Sakharam Koyale A7 Krishna Sakharam Koyale A10 Babu Rama Berad and A11 Balu Naradeo Berad respectively.
After registering the FIR, investigation was carried out and charge sheet was submitted before the Court.
ADARSH KUMAR GOEL, J. The appellants are aggrieved by the judgment and order dated 20th April, 2007 passed by the High Court of Judicature at Bombay in Criminal Appeal No.533 of 1990 whereby they have been companyvicted under Sections 147, 149, 302 read with Sections 149, 324 and 326 of the Indian Penal Code and sentenced to undergo imprisonment for life, apart from other lesser sentences which are to run companycurrently and payment of fine, setting aside their acquittal by the trial companyrt.
Injuries Nos.
The prosecution relied upon the eye witness account rendered by PW10 Satyabhama, PW11 Dagadu, PW15 Bibhishan Kshirsagar, PW18 Chaturbhuj Khade, PW12 Kernath Koyale.
In the attack Bibhishan Khade died and P.W.11, 15 and 18 and others received injuries by deadly weapons.
