Case Note & Summary
The case arose from an incident on 26th October 2005 at village Badegaon, Saoner, Nagpur, following Gram Panchayat elections. Two rival groups, the Deshmukh family and the Choudhary family, clashed after the Choudhary group allegedly conspired to eliminate leading members of the Deshmukh family in revenge for electoral defeat. In the attack, Ashok Deshmukh was murdered, and attempts were made to murder Vilas Deshmukh and Vivek Deshmukh. Several other members of the Deshmukh family were assaulted, and property was damaged. The police registered an offence under various sections of the Indian Penal Code and the Bombay Police Act. After trial, the Additional Sessions Judge convicted twenty accused persons for offences including murder (Section 302/149 IPC), attempt to murder (Section 307/149 IPC), and other charges, sentencing them to life imprisonment and other terms. Some accused were acquitted. Aggrieved, the convicted accused filed Criminal Appeals Nos. 176, 183, 189, 190, and 191 of 2010 in the High Court challenging their conviction, while the complainant and the State filed Criminal Appeals Nos. 261 and 578 of 2010 respectively against the acquittals. The High Court heard all parties, including advocates for the appellants, the Additional Public Prosecutors, and the complainant's advocate. The trial court had based its conviction on the testimonies of injured eyewitnesses and other eyewitnesses, finding that the accused formed an unlawful assembly with a common object and used deadly weapons. The defence argued discrepancies in witness testimonies. The High Court, after reserving judgment on 20th December 2010, pronounced its oral judgment on 24th January 2011.
Issue of Consideration
Criminal Appeal No. 176 of 2010
Case Details
2011 LawText (BOM) (01) 75
Criminal Appeal No. 176 of 2010 with Criminal Appeal Nos. 183, 189, 190, 191, 261, 578 of 2010
Mr. R.P. Joshi, Mr. Anil Mardikar, Mr. R.B. Gaikwad, Mr. H.D. Dangre, Mr. R.S. Kurekar, Mrs. S.S. Jachak, Mr. T.A. Mirza, Mr. V.A. Thakre, Mr. D.B. Patel
Sudhir Annaji Choudhary & Others
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Nature of Litigation
Criminal appeals against conviction and acquittal arising from murder and attempt to murder case.
Remedy Sought
Convicted accused seek acquittal; complainant and State seek reversal of acquittal of other accused and enhancement of sentence.
Filing Reason
Aggrieved by the judgment of the Additional Sessions Judge convicting some accused and acquitting others.
Previous Decisions
Additional Sessions Judge convicted accused nos. 1,2,4,6,9,10,12,13,16-25,28-30 for offences under Sections 148, 302/149, 307/149, 324/149, 336/149, 427/149, 506-II/149 IPC, while acquitting some other accused.
Submissions/Arguments
According to appellants, there are various discrepancies in the testimonies of respective witnesses (Para 14).
Judgment Excerpts
All accused persons were charged for commission of offences punishable under Sections 148, 302, 307, 324, 336, 427, 506 read with Section 149 or 120-B of Indian Penal Code and Section 135 read with Section 37 of the Bombay Police Act.
The learned Additional Sessions Judge convicted the Accused Nos.1,2,4,6,9,10,12,13,16 to 25, and 28 to 30...
According to appellants, there are various discrepancies in the testimonies of respective witnesses.
Procedural History
FIR registered at Police Station Saoner, District Nagpur; case committed to Sessions; trial by Additional Sessions Judge resulting in conviction of 20 accused and acquittal of others; convicted accused filed Criminal Appeals Nos. 176, 183, 189, 190, 191 of 2010; complainant filed Criminal Appeal No. 261 of 2010 against acquittal; State filed Criminal Appeal No. 578 of 2010 against acquittal; High Court heard all appeals together; judgment reserved on 20th December 2010; oral judgment delivered on 24th January 2011.
Acts & Sections
- Indian Penal Code: 148, 302, 307, 324, 336, 427, 506, 149, 120-B
- Bombay Police Act: 135, 37
