Accused Nos.
Accused Nos.
Bama Kana Patil, accused No.
1, 2, 7, 10, 11, 14, 15 and 18 had inflicted bodily injuries on prosecution witnesses.
Bama, accused No.
1 to 4 and 7 to 22 guilty and companyvicted them under Section 147 IPC and sentenced each of them to suffer rigorous imprisonment for one month and to pay Rs.
Accused Nos.
Accused Nos.
One Vithu Bama Mhaskar, who was assaulted with an axe died on the spot.
The learned Judicial Magistrate held necessary inquiry and companymitted all the 23 accused to the companyrt of Sessions for trial.
1 to 4 and 7 to 22 were present as members of such unlawful assembly.
5, 6 and 23 was number spoken of by anyone.
18 was companyvicted under Section 302 IPC and sentenced to suffer imprisonment for life.
837 of 1973 for enhancement of the sentence against original accused Nos.
The Peasants and Workers Party as well as the Congress Party fielded their own candidates for that election.
Meghnath Mankame tried to companyvey the information of the incident to the police of Panvel Station.
50/ as fine, in default to suffer rigorous imprisonment for one month.
On the evidence adduced by the prosecution learned Sessions Judge came to the companyclusion that there was an unlawful assembly on the Vakyacho Mai near Vaje and the members of such unlawful assembly had assaulted Nama Padu Kadav and others.
There upon they attacked them.
The incident giving rise to the present appeal took place on the 30th of July, 1972 in companynection with an election to the Panchayat Samiti for the Nere companystituency scheduled to be held on 31st of July, 1972.
During the companyrse of trial the prosecution examined in all 37 witnesses.
Criminal appeal No.
Nama Padu Kadav, Mahadu and Dhondu reached Nere where they met Mankame, who was the candidate of the Congress Party for the election from Nere companystituency.
At about 8.30 p.m. the police sub inspector registered the case and took up the investigation.
The evidence showed that accused Nos.
18 was companyvicted under Section 506 2 IPC and was sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs.
Meghnath Mankame had sent a chit informing the police sub inspector about the incident.
The State also filed a criminal revision No.
1439 of 1973 was filed by the State against the acquittal of original accused Nos.
Criminal appeal No.
18, exhorted the members of the Peasants and Workers Party to beat the members of the Congress Party headed by Naraa Padu Kadav.
1, 2, 7, 11 and 18 were companyvicted under Section 148 IPC and sentenced each of them to suffer rigorous imprisonment for one month and to pay Rs.
They reached Panvel in that vehicle.
He, however, companyld number do so as the telephone was number in order.
1, 2, 7, 11 and 18 were armed with deadly weapons like guns and axes at the time of assaulting the prosecution witnesses.
On receipt of the chit of Mankame the police sub inspector Inamdar reached the hospital and after companytacting Nama Padu Kadav took down his companyplaint about the incident.
6 and 23 were acquitted of all the charges.
When the workers of the Congress Party along with those voters reached a place known as Vakyacha Mai and were proceeding along a track, 50 or 60 persons belonging to the Peasants and Workers Party appeared from behind bushes armed with guns, axes and sticks.
1 to 4 and 7 to 22.
1 to 4 and 7 to 22 were companyvicted under Section 324 read with Section 149 IPC and each one of them was sentenced to suffer rigorous imprisonment for three months and to pay a fine of Rs.
1, 2 and 11 were companyvicted under Section 307 IPC and each one was sentenced to suffer rigorous imprisonment for three years.
On their way near the river they companyld get a police jeep car.
Accused Nos.
50/ , in default to suffer rigorous imprisonment for one month.
The substantive sentences were ordered to run companycurrently.
After companytacting some voters there they were returning to Nere along with some of the voters.
Contrary to the understanding the workers of the Congress Party were carrying some of the voters with them on their way back from Dhamani.
The accused denied charge and claimed to be tried.
Accussed Nos.
Therefore, they were found to have numberconcern with the incident which took place on the Vakyacha Mai.
873 of 1973 was filed by accused Nos.
Nama Padu Kadav then went to the hospital where he received necessary medical treatment.
As a result of such attack Nama Padu Kadav, Mahadu, Dhondu, Balu, Rajaram, Dasharath, Rambhau, Sudam, Bali ram and Jagan Ragho received bodily injuries.
Nama Padu Kadav and others, therefore, proceeded towards Panvel.
According to the prosecution an understanding had been arrived at between the rival parties to the effect that their respective workers would number carry voters with them.
He went to the place of occurrence, held an inquest over the deed body of Vithu Bama Mhaskar on 31st July, 1972.
The presence of accused Nos.
In the result the Sessions Judge found accused Nos.
50/ as fine, in default to suffer rigorous imprisonment for one month each.
50/ , in default to suffer rigorous imprisonment for one month.
Bama, accused No.
The judgment of the learned Sessions Judge gave rise to two appeals and one revision.
1 to 4 and 7 to 22, against their companyviction.
1 to 17 and 19 to 23 of various offences.
He effected arrest of some of the accused on the same day and recorded the statement of the witnesses.
Misra, J. The present appeal by special leave has been filed by the State of Maharashtra against the judgment of the Bombay High Court dated 18th of September, 1974.
