Case Note & Summary
These criminal appeals arose from the judgment and order dated 10/08/2018 passed by the I/c Additional Sessions Judge, Mangrulpir (Camp at Washim) in Sessions Trial No. 44 of 2014. The trial court convicted the appellants (original accused nos. 8,1,2; 15,23,18; 11,12,13,14; 8,1,2; and 5,6,20,21,22 respectively) for offences punishable under Sections 302, 307, 147 and 148 read with Section 149 of the Indian Penal Code, 1860. The trial court acquitted the appellants of offences under Section 120B IPC and Section 135 of the Maharashtra Police Act, 1951, and acquitted accused nos. 16 and 17 of all charges. The appellants were sentenced to life imprisonment for murder under Section 302 read with 149 IPC, seven years rigorous imprisonment for attempt to murder under Section 307 read with 149 IPC on three counts, one year rigorous imprisonment under Section 147 IPC, and two years rigorous imprisonment under Section 148 IPC, along with fines and default sentences, all to run concurrently. The appeals were preferred under Section 374 of the Code of Criminal Procedure, 1973.
The prosecution case was that on 18/03/2014, the eve of Holi, Devidas along with his sons Avinash and Mukesh visited the house of his elder brother to take blessings of his mother. Accused Janardhan was playing DJ in front of that house during 'fagwa' celebration. Avinash asked Janardhan to stop the DJ because the grandmother was unwell, leading to a trivial quarrel; the DJ was then stopped. At about 4:00 pm, when Avinash, Mukesh, Devidas and cousin Ganesh returned to Naik Nagar by car and alighted, the accused persons allegedly caught hold of them and assaulted all four with iron pipes and wooden planks. Some accused instigated the assault. Avinash died from injuries; Mukesh, Devidas and Ganesh were seriously injured.
Police reached the spot, shifted injured to hospital, and registered Crime No. 38/2014 under Sections 302, 307, 147, 148, 149 IPC and Section 135 of the Maharashtra Police Act on the report of Nirmalabai (PW19). Spot panchanama, seizure of earth, inquest, arrest of accused, seizure of weapons under Section 27 of the Evidence Act, and forensic examination were conducted. Chargesheet was filed against 23 accused before JMFC, Mangrulpir, and the case was committed to Sessions Court.
The accused pleaded not guilty and claimed false implication. In their written statements under Section 313 CrPC, some accused stated that both parties belonged to Banjara community, and that due to Zilla Parishad elections 2013, Ramdhan Rathod did not support Devidas, causing enmity. They alleged that on the day of incident, Devidas Chauhan, his sons Avinash and Mukesh, nephew Ganesh and 10-12 unknown persons attacked the house of Ramdhan Rathod with sticks, causing injuries to Ramdhan Rathod, Janardhan Rathod, Gowardhan Rathod, Kuldeep Pawar and Duryodhan Rathod; in the scuffle the victims sustained injuries. Other accused admitted the DJ incident but claimed Mukesh initiated the quarrel.
The prosecution examined 29 witnesses including three injured witnesses (Mukesh PW2, Devidas PW10, Ganesh PW13), three eye-witnesses (Dnyaneshwar PW9, Vijay PW14, Nirmalabai PW19), six medical witnesses, six police personnel, panch witnesses and one BSNL nodal officer.
The High Court's analysis, findings and final decision are not provided in the available excerpt.
Issue of Consideration
Whether the trial court correctly convicted the appellants under Sections 302, 307, 147 and 148 read with Section 149 of the Indian Penal Code, and whether the sentences imposed are justified.
Case Details
2022 LawText (BOM) (02) 112
Criminal Appeal Nos. 559 of 2018, 560 of 2018, 561 of 2018, 562 of 2018, 570 of 2018, 576 of 2018; Sessions Trial No. 44 of 2014
Sunil B. Shukre, Pushpa V. Ganediwala
Avinash Gupta, R.K. Tiwari, Akash Gupta, S.S. Doifode, C.S. Dharmadhikari, A.M. Jaltare, R.M. Daga
Komal s/o Babusingh Ade, Janardhan s/o Ramdhan Rathod, Duryodhan s/o Ramdhan Rathod, Dilip s/o Dalsingh Rathod, Sudam alias Sudhakar s/o Shivram Chavhan, Ramdhan s/o Mersingh Rathod, Ravindra s/o Tulshiram Rathod, Ashok s/o Ramlal Pawar, Vinod s/o Haridhan Rathod, Manohar s/o Tulshiram Rathod, Govardhan s/o Haridhan Rathod, Kisan s/o Govardhan Ade, Kuldeep s/o Ramlal Pawar, Arun s/o Ramlal Pawar, Dnyaneshwar s/o Babusingh Rathod, Vishwanath Fakira Jadhao, Bandu Fakira Jadhao, Madhukar Bhoju Chavan, Pradeep Babulal Jadhao, Milind s/o Madhukar Chavan
The State of Maharashtra, through P.S.O. Manora Police Station, Dist-Washim
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Nature of Litigation
Criminal appeals against conviction and sentence under Sections 302, 307, 147, 148 read with Section 149 of the Indian Penal Code.
Remedy Sought
Appellants sought setting aside of the conviction and sentences and acquittal of all charges.
Filing Reason
Trial court convicted appellants for rioting, murder and attempt to murder arising from an incident on 18/03/2014 where one person died and three were injured.
Previous Decisions
The I/c Additional Sessions Judge, Mangrulpir (Camp at Washim) in Sessions Trial No. 44/2014 convicted the appellants under Sections 302, 307, 147 and 148 read with Section 149 IPC and sentenced them to life imprisonment and rigorous imprisonment terms; acquitted them under Section 120B IPC and Section 135 of Maharashtra Police Act, 1951; acquitted Accused Nos. 16 and 17 of all offences.
Issues
Whether the trial court erred in convicting the appellants under Sections 302, 307, 147 and 148 read with Section 149 IPC without sufficient evidence of common object and participation in the unlawful assembly.
Submissions/Arguments
Defence claimed that both parties belonged to Banjara community and that enmity arose due to Zilla Parishad elections 2013 when Ramdhan Rathod did not support Devidas, leading to a grudge.
Defence alleged that on 18/03/2014, Devidas Chauhan, his sons Avinash and Mukesh, nephew Ganesh and 10-12 unknown persons attacked the house of Ramdhan Rathod with sticks, causing injuries to Ramdhan Rathod, Janardhan Rathod, Gowardhan Rathod, Kuldeep Pawar and Duryodhan Rathod; in the scuffle the victims sustained injuries, and accused did not assault them.
Some accused admitted the DJ incident but claimed that Mukesh initiated the quarrel on the tenuous issue, and the DJ was stopped.
Judgment Excerpts
All these Appeals against conviction, preferred under Section 374 of the Code of Criminal Procedure Code, 1973, are directed against the judgment and order dated 10/08/2018 passed by the I/c. Additional Sessions Judge, Mangrulpir (Camp at Washim) in Sessions Trial No. 44/2014, whereby the learned Judge convicted the appellants for the offences punishable under Sections 302, 307, 147 and 148 read with Section 149 of the Indian Penal Code.
The information about the aforesaid incident was reached Police Station - Manora. PI. Mr. Shankar Laxman Donkalwar along with the staff proceeded to the spot of the incident and found four persons smeared with blood lying in front of the house of Janardhan.
It is further stated that on 18/03/2014, Devidas Chauhan, along with his two sons Avinash and Mukesh, nephew Ganesh and 10-12 unknown persons attacked on the house of Ramdhan Rathod with sticks in their hands.
Procedural History
On 18/03/2014, incident occurred; Crime No. 38/2014 registered at Manora Police Station under Sections 302, 307, 147, 148, 149 IPC and Section 135 of Maharashtra Police Act, 1951. After investigation, chargesheet filed against 23 accused before Judicial Magistrate First Class, Mangrulpir. Case committed to Sessions Court. Trial held in Sessions Trial No. 44/2014. Judgment and order dated 10/08/2018 convicted appellants as mentioned. Appeals filed under Section 374 CrPC. High Court reserved judgment on 21/09/2021 and pronounced on 02/02/2022.
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 147, 148, 149, 120B
- Code of Criminal Procedure, 1973: 374, 313
- Maharashtra Police Act, 1951: 135
- Indian Evidence Act, 1872: 27
