Case Note & Summary
The High Court of Judicature at Bombay adjudicated eight criminal appeals filed against the judgment dated 9 May 2005 by the 4th Additional Sessions Judge, Sangli, in Criminal Case Nos. 107 of 2004 and 176 of 2004. The trial court convicted 25 named accused for offences under Sections 143, 147, 506 read with 149, 342 read with 149, 436 read with 149, 302 read with 149, and 427 read with 149 of the Indian Penal Code, 1860. The prosecution case was that on the intervening night of 21st and 22nd March 2004, the accused persons formed an unlawful assembly and, with the common object, proceeded to the house of Mahadeo Chavan. They assaulted Mahadeo Chavan, his wife Fulabai, son Appasaheb, married daughter Bharta Sawant, and granddaughter Pranjali Sawant, who were outside the house. The accused then dragged them inside, closed the door from outside, placed bundles of hay around and above the house, and set it ablaze. All five victims were burnt alive. A first information report was lodged by PW3 Irappa Kamble, and crime No. 15 of 2004 was registered at Umadi Police Station. The investigating officer conducted inquest panchanamas, scene of offence panchanama, and recorded statements of witnesses. The post-mortem reports confirmed death due to shock from 100% deep burn injuries. The accused pleaded not guilty and raised defences including suicide due to financial crisis and alibi. The trial court convicted them and sentenced them to varying terms of imprisonment, including life imprisonment under Section 302 read with 149 IPC. The convicted accused filed Criminal Appeal Nos. 932/2005, 613/2005, 675/2005, 677/2005, 678/2005, 701/2005, and 906/2005, challenging their conviction and sentence. The State of Maharashtra filed Criminal Appeal No. 945/2005 seeking enhancement of sentence. The High Court heard the appeals together; however, the present excerpt does not contain the court's analysis or final decision.
Issue of Consideration
CRIMINAL APPEAL NO. 932 OF 2005
Case Details
2016 LawText (BOM) (10) 91
Criminal Appeal Nos. 932/2005, 613/2005, 675/2005, 677/2005, 678/2005, 701/2005, 906/2005 and 945/2005
Smt. V.K. Tahilramani, Smt. Anuja Prabhudessai
Dr. Yug Mohit Chaudhry with Ms Parijat Bhardwaj, Mr. Amit Sale, Mr. Shekhar Ingawale, Mr. Niteen Pradhan i/b. Ms S.D. Khot and Ms Ameeta Kuttikrishnan, Mr. S.K. Shinde PP with Mr. H.J. Dedia
Sahebgonda Laxman Birajdar, Rudrappa Gurunath Birajdar, Irrappa Gurunath Birajdar, Laxmibai Rudrappa Birajdar, Gurawwa Gurunath Birajdar, Raju Sahebgonda Birajdar, Basappa Jaygonda Basargi, Sou. Kashibai Ashok Basargi, Sou. Mahananda Shrikant Basargi, Bhourawwa Rudrappa Basargi, Bhimu Rudrappa Basargi, Tejappa Shivappa Basargi, Shrikant Paragonda Basargi, Chidanand Shivappa Basargi, Shrishailya Basappa Basargi, Laxman Rudrappa Basargi, Irappa Pargonda Basargi, Vitthal Mallappa Birajdar, Gurappa Mallappa Birajdar, Tukaram Mallappa Birajdar, Sou. Bhourawwa Gurappa Birajdar, Annusaya Vithal Birajdar, Smt. Gangawwa Shivappa Basargi, Sou. Shantawwa Irappa Basargi, Siddha Dharma Patil
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Nature of Litigation
Criminal appeals against conviction for murder, arson, rioting, and unlawful assembly, with a State appeal for enhancement of sentence.
Remedy Sought
Accused seek acquittal; the State seeks enhancement of sentence.
Filing Reason
Accused were convicted by the trial court under various sections of the IPC; they appeal against conviction and sentence.
Previous Decisions
Trial Court (4th Additional Sessions Judge, Sangli) convicted the accused in Criminal Case Nos. 107 of 2004 and 176 of 2004 on 9th May, 2005.
Judgment Excerpts
the accused thereafter dragged them inside the house, closed the door from outside and put bundles of hay around and above the house and set the house ablaze.
The defence of the accused, as can be discerned from the cross examination, is that Mahadeo and his family members had committed suicide due to financial crisis.
Procedural History
On 21-22 March 2004, the incident occurred. FIR was lodged by PW3 Irappa Kamble. Crime No.15/2004 registered at Umadi Police Station. Investigation conducted, charge sheet filed. Case committed to Sessions Court, Sangli. Trial held; 23 witnesses examined. Accused convicted on 9 May 2005. Multiple appeals filed in High Court by accused and State.
Acts & Sections
- Indian Penal Code, 1860: 143, 147, 148, 149, 120B, 302, 342, 427, 436, 506, 536
- Code of Criminal Procedure, 1973: 313
