Case Note & Summary
The case arose from a land dispute in village Yelamwadi, Tq. Chakur, Dist. Latur. Muktabai, the complainant, lived with her husband and children. Her daughter Prabhawati was married to Ranba (deceased). About one and a half months before the incident, accused Trimbak Shivange had a quarrel with Ranba over half an acre of land, leading to enmity. On 20.08.1998, Ranba and Muktabai's husband Shankar went to a meal at Manohar Patil's house and later proceeded towards Nalegaon on foot. After walking 50-60 paces, Muktabai heard a commotion and found her husband injured on the head. She rushed to the spot and saw the accused persons attacking Ranba with axe, sword, kathi, sticks, etc. in a pit near Bapurao's house. The accused persons included Babruwan (sword), Suresh (stick), Sudhakar (iron bar), Padmakar (kathi), Kamalakar (stick), Bapurao (iron bar), Narsing (kathi), and Yeshwant (stick). When Muktabai protested, accused Baburao Dadge hit her with an axe on the head and Bapurao Dadge struck her shoulder with an iron bar. The accused abused her and told her to lift Ranba's deadbody. Ranba died on the spot. Muktabai lodged a complaint at Nalegaon police station and was treated at Govt. Hospital, Nalegaon. The trial court convicted accused nos. 2,3,4,7,8,9,10 under Sections 147, 148, 302 read with 149, 325 read with 149, 324 read with 149 IPC and Section 135 Bombay Police Act. The same court acquitted accused nos. 1,5,11,12,13,14,15 of charges under Sections 147, 148, 302, 307, 325, 324 read with 149 IPC and Section 135 Bombay Police Act. Aggrieved, the convicted accused filed Criminal Appeal No. 459 of 1999, and the State filed Criminal Appeal No. 79 of 2000 against the acquittals. Both appeals were heard together by the High Court of Bombay, Aurangabad Bench. The judgment record available does not include the final decision or analysis on the merits, as the text is truncated. Thus, the outcome of the appeals, the reasoning, and the legal principles applied remain unavailable.
Issue of Consideration
1. Whether the trial court correctly convicted accused nos. 2,3,4,7,8,9,10 for offences under Sections 147, 148, 302/149, 325/149, 324/149 IPC and Section 135 Bombay Police Act. 2. Whether the trial court rightly acquitted accused nos. 1,5,11,12,13,14,15 of the same offences.
Case Details
2015 LawText (BOM) (08) 22
Criminal Appeal No. 459 of 1999 with Criminal Appeal No. 79 of 2000
S.S. Shinde, A.I.S. Cheema
Joydeep Chatterji, V.D. Gunale (for accused); B.L. Dhas (for State); P.N. Kutty (assisting Public Prosecutor)
Padmakar S/o Baburao Dadge & Ors. (Cr.A. 459/1999); The State of Maharashtra (Cr.A. 79/2000)
State of Maharashtra (Cr.A. 459/1999); Yeshwant S/o Limbaji Dadge & Ors. (Cr.A. 79/2000)
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Nature of Litigation
Criminal appeals against conviction and acquittal arising from a murder case involving a land dispute.
Remedy Sought
Convicted accused sought setting aside of conviction and acquittal; State sought reversal of acquittal of other accused.
Filing Reason
Alleged murder of Ranba Dattu Dadge due to land dispute; trial court convicted seven accused and acquitted seven others.
Previous Decisions
Additional Sessions Judge, Latur convicted original accused nos. 2,3,4,7,8,9,10 under Sections 147, 148, 302 r/w 149, 325 r/w 149, 324 r/w 149 IPC and Section 135 Bombay Police Act, and acquitted accused nos. 1,5,11,12,13,14,15 of all charges.
Issues
Whether the trial court correctly convicted accused nos. 2,3,4,7,8,9,10 for offences under Sections 147, 148, 302/149, 325/149, 324/149 IPC and Section 135 Bombay Police Act.
Whether the trial court rightly acquitted accused nos. 1,5,11,12,13,14,15 of the same offences.
Judgment Excerpts
One and half month back of the incident, Trimbak Shivange had quarrel with Ranba Dadge over half acre of land.
She told the accused not to beat, but accused Baburao Dadge came near her and gave blow of axe on her head. Then Bapurao Dadge beat her by iron bar on her shoulder, thereby she received bleeding injuries.
Procedural History
On unknown date, Additional Sessions Judge, Latur, convicted seven accused and acquitted seven others in connection with the murder of Ranba Dattu Dadge. Aggrieved by the conviction, accused nos. 2,3,4,7,8,9,10 filed Criminal Appeal No. 459 of 1999 before the High Court. The State of Maharashtra, aggrieved by the acquittals, filed Criminal Appeal No. 79 of 2000. Both appeals were heard together and reserved for judgment on July 20, 2015, and pronounced on August 14, 2015.
Acts & Sections
- Indian Penal Code, 1860: 147, 148, 302, 307, 325, 324, 149
- Bombay Police Act, 1951: 135
