Case Note & Summary
The matter concerned a confirmation case and criminal appeal arising from the judgment of the Additional Sessions Judge, Bhandara, which convicted and sentenced a police naik of the State Reserve Police Force (SRPF) for offences under Sections 302 and 307 of the Indian Penal Code. The incident occurred on 18 December 2000 at village Keshori, a naxalite-affected area in Arjuni Morgaon, District Gondia, where an armed out-post was established. On the day of the incident, which was a weekly market day, two women from Rajoli, Pushpa and Pratima, were waiting for a bus at Keshori bus stand when some boys addressed them with vulgar language and demanded sexual favours. Two male relatives, Kondhu Choudhari and Anandrao Jambhulkar, intervened but the boys did not relent. The women along with the two men approached the armed out-post and narrated the incident to the in-charge, Prakash Landge. He sent police constables to escort the women to the bus stand and to bring the offending boys. The women boarded a bus. One Dhanraj Waghade, alleged to have used filthy language, was accosted by police but behaved arrogantly and one policeman slapped him. The police were prevented from bringing him to the out-post due to villagers' intervention. When the constables returned, a mob of 200-300 persons gathered, demanding the custody of the policeman who slapped Dhanraj. Despite efforts by the head constable and the platoon commandant to pacify the mob by asking them to file a written complaint, the mob remained furious and began throwing stones and soil towards the out-post. Later, the accused, who was on sentry duty, opened fire with his 7.62 mm Self Loading Rifle, firing eight rounds that killed five persons — Shamim Khan, Sampat Nimkar, Vishwanath Madavi, Kashinath Shende, and Dharma Shende — and injured twelve others. The accused was tried in Sessions Trial No. 28 of 2001. On 30 September 2005, the Additional Sessions Judge convicted him and sentenced him to death for the offence under Section 302 IPC and to life imprisonment for the offence under Section 307 IPC. The confirmation case arose from the statutory reference under Section 366 of the Code of Criminal Procedure, 1973, and the criminal appeal was filed by the accused challenging the conviction and sentences. The High Court proceeded to hear both matters together.
Issue of Consideration
Whether the death penalty imposed on the appellant for offence under Section 302 IPC is justified and whether the conviction under Section 307 IPC is sustainable.
