Case Note & Summary
The matter arose from a political rivalry in village Kumbhari following the 1994 Panchayat elections. The deceased Mahavir Survase and the main accused Udhav Survase belonged to opposing groups but initially united to elect Udhav as Sarpanch. Dispute reignited over allocation of Gharkuls (small houses) under a government scheme, leading to attempts to dissolve the Panchayat. On 31.8.1994, the first informant Sumant (PW6), injured witness Vashisht (PW10), and the deceased Mahavir went to Beed to meet an MLA regarding the dispute. Returning on 1.9.1994 at about 9:30 p.m., they were ambushed near the river by 14 accused armed with swords, scythes, choppers, and sticks. The first blow was delivered by Udhav on Mahavir's neck, causing all three on the motorcycle to fall. The assailants then attacked them repeatedly; Sumant managed to escape and hide, while Vashisht was left for dead. Sumant later gave a report at Neknoor Police Station. Investigation led to the arrest of some accused, recovery of weapons, and collection of forensic evidence. The trial court in Sessions Case No. 53/1995 acquitted all accused, giving them the benefit of doubt. The State and the deceased's brother challenged the acquittal through appeal and revision. During the High Court hearing, the death of three accused (accused Nos. 1, 8, and 14) was noted, and the appeal was allowed to abate against them. The court emphasized that because the charges included section 149 IPC, the entire evidence had to be evaluated for the remaining accused. The judgment excerpt ends while the court was examining the prosecution evidence; the final decision on the merits is not included in the provided text.
Headnote
A) Criminal Procedure - Abatement of Appeal on Death of Accused - Continue Appeal with Consideration of Entire Evidence under Section 149 IPC - Code of Criminal Procedure, 1973; Indian Penal Code, 1860, Section 149 - Three accused died during the pendency of the appeal; charges included sections 302 and 307 read with section 149 IPC. The court held that the appeal abated as against the deceased accused, but the entire evidence must be considered to determine the guilt of the remaining accused under the principle of constructive liability. (Paras 2-3)
Issue of Consideration
Whether the trial court's order of acquittal of the respondents-accused in Sessions Case No. 53/1995 for offences under sections 302, 307, 149, 148 etc. of the Indian Penal Code is erroneous and liable to be set aside
Law Points
- Appeal abates on death of accused
- entire evidence must be considered when charges include section 149 IPC
- acquittal standard of benefit of doubt
Case Details
2017 LawText (BOM) (08) 31
Criminal Appeal No. 97 of 1999 with Criminal Revision Application No. 18 of 1999
T.V. Nalawade, Sunil K. Kotwal
Mr. S.J. Salgare, APP for Appellant/State; Mr. S.S. Choudhari and Mr. V.M. Chate for respondents 1 to 14; Mr. C.K. Shinde for respondent Nos. 3, 5, 7 & 11; Mr. M.G. Kolse-Patil for petitioner in revision
The State of Maharashtra (Criminal Appeal No. 97 of 1999) and Popat s/o Manikrao Kokate (Criminal Revision Application No. 18 of 1999)
Limbaji s/o Kashinath Survase (deceased), Raosaheb Dharmraj Survase, Digambar Sahebrao Survase, Manohar Uttamrao Survase, Bhaskar @ Bandu Digambar Survase, Mohan Yada Kale, Baburao Digambar Survase, Gorakh Raosaheb Wagh (deceased), Bhausaheb Limbaji Survase, Panjab Limbaji Survase, Chandrasen Bhimrao Survase, Shahaji Raosaheb Survase, Shivaji Raosaheb Survase, Udhav Limbaji Survase (deceased)
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Nature of Litigation
State appeal against acquittal in a murder case, with a revision petition filed by the brother of the deceased.
Remedy Sought
Setting aside of the acquittal and conviction of the accused for murder and attempt to murder.
Filing Reason
Dissatisfaction with the trial court's acquittal of the accused.
Previous Decisions
Sessions Court No. 53/1995, Additional Sessions Judge, Beed, acquitted all accused giving benefit of doubt.
Issues
Whether the trial court's acquittal of the accused is sustainable on evidence.
Effect of death of some accused on the appeal and necessity to consider entire evidence under section 149 IPC.
Submissions/Arguments
Prosecution contended that the accused, armed with weapons, attacked the deceased and two others due to political rivalry; defence denied involvement and accused no.10 presented alibi evidence.
Judgment Excerpts
The appeal needs to be disposed of as abated as against these three accused persons. But, entire evidence needs to be considered as the charge was for offences punishable under sections 302, 307 r/w. 149 of IPC.
It is not disputed by accused that Mahavir was murdered on the spot of which spot panchanama is prepared in the present matter.
Procedural History
The accused were tried in Sessions Court No. 53/1995 before the Additional Sessions Judge, Beed, for offences under sections 302, 307, 149, 148 etc. of IPC and for wrongful restraint. The trial court acquitted all accused by giving them the benefit of doubt. The State of Maharashtra filed Criminal Appeal No. 97 of 1999 against the acquittal, and the brother of the deceased filed Criminal Revision Application No. 18 of 1999. During the pendency of the appeal, three accused died, and the court allowed the appeal to abate as against them. The matter was heard on merits, and the judgment was pronounced on 03.08.2017.
Acts & Sections
- Indian Penal Code, 1860: 148, 149, 302, 307
- Code of Criminal Procedure, 1973: 313
