Case Note & Summary
The case arose from a family dispute over ill-treatment of the complainant's sister by her husband's family. On 20 November 2003, the complainant's sister Yashoda complained to her family about abuse and threats by Hanmant Gidde and his family. When the complainant Navnath confronted the accused, they abused and later assaulted him. On 21 November 2003, Navnath, his brothers Tanaji and Machindra, and brother-in-law Santosh went to the accused's locality to settle the dispute. The accused, armed with swords, sickles, iron rods, axes and sticks, attacked the group. Hanmant Gidde assaulted Machindra on the head with a sword, Balaji Gidde assaulted Tanaji with a sickle on the head, causing both to fall. When Navnath and Santosh tried to intervene, other accused assaulted them with sticks and rods. Villagers rushed to the spot, and the accused fled. Machindra and Tanaji were taken to hospitals; Machindra died on 29 November 2003 due to head injury. The trial court convicted fifteen accused under various sections of the Indian Penal Code: four under Section 302/149 IPC for murder of Machindra; eleven others under Section 324/149 for assault on Machindra; five under Section 307/149 for attempt to murder Tanaji; several under Section 324/149 for assault on Tanaji; and all under Sections 147, 148, 149 IPC. Additional convictions were recorded under Section 323/149 for assault on Navnath and Section 504 against Hanmant Gidde. The trial court acquitted all under Section 135 of the Bombay Police Act. The High Court heard the appeals and applications for bail cancellation. The judgment delivered on 7 September 2017 disposed of the appeals, but the text provided does not contain the final operative order or the court's reasoning. The prosecution case rested on eyewitness accounts of the injured and the postmortem report confirming head injury as cause of death. The appeals challenged the legality and sustainability of the convictions and sentences imposed by the trial court.
Issue of Consideration
CRIMINAL APPEAL NO.563 OF 2005
Case Details
2017 LawText (BOM) (09) 94
Criminal Appeal No. 563 of 2005 and Criminal Appeal No. 603 of 2005 (with Criminal Application Nos. 1385 of 2016 and 1384 of 2016)
Smt. V. K. Tahilramani, Revati Mohite Dere
Mr. Shirish Gupte (Sr. Adv.), Mr. B.R. Patil, Ms. U.V. Kejriwal, Mr. M.A. Chaudhari (for Appellants), Mr. H. J. Dedia (A.P.P for State), Mr. Jaydeep Mane (for Original Complainant)
Mahadeo Saudagar Gidde, Sarjerao Pralhad Raut, Suresh Rajaram Sarde, Shantabai Ganpat Gidde, Dattatraya Saudagar Gidde, Hanmant Eknath Laad, Suryabhan Bhagwan Ubale, Tukaram Rajaram Sarde, Shobha Yuvraj Raut, Kisan Vitthal Raut, Ganpat Rajaram Sarde, Hanmant Ganpat Gidde, Balaji Ganpat Gidde, Yuvraj Suresh Raut, Bibhishan Vitthal Raut
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Nature of Litigation
Criminal appeals against conviction and sentence for murder, attempt to murder, rioting and other offences under the Indian Penal Code.
Remedy Sought
Appellants sought to set aside the conviction and sentence passed by the trial court. The State sought cancellation of bail granted to some accused pending appeal.
Filing Reason
Aggrieved by the trial court judgment convicting and sentencing them for various offences.
Previous Decisions
The 2nd Additional Sessions Judge, Solapur, in Sessions Case No. 58 of 2004, convicted all fifteen accused under Sections 302, 307, 324, 147, 148, 149, 323, 504 IPC and imposed varying terms of imprisonment and fines, while acquitting them under Section 135 of the Bombay Police Act.
Judgment Excerpts
On 29 th November, 2003, Machindra expired at S.P. Institute of Neurosciences, Solapur, and hence Section 302 was added.
The probable cause of death was stated to be 'Head Injury'.
All the sentences were directed to be run concurrently.
Procedural History
The trial court, by judgment dated 29 April 2005 in Sessions Case No. 58 of 2004, convicted and sentenced fifteen accused for various IPC offences. The accused filed two criminal appeals (No. 563 of 2005 and No. 603 of 2005) before the Bombay High Court challenging their conviction. During pendency of the appeals, the State filed criminal applications (No. 1385 of 2016 and No. 1384 of 2016) seeking cancellation of bail of some accused. The High Court heard the matters and reserved judgment on 3 May 2017, pronouncing it on 7 September 2017.
Acts & Sections
- Indian Penal Code, 1860: 302 r/w 149, 307 r/w 149, 324 r/w 149, 147 r/w 149, 148 r/w 149, 323 r/w 149, 504
- Bombay Police Act, 1951: 135
