JUDGMENT - MOHITE R.S., J.:---This is an appeal filed by the State of Maharashtra against the acquittal of original accused who have been acquitted by a judgment and order dated 9th October, 1991 passed by the IInd Addl. Sessions Judge, Raigad at Alibag, in Sessions Case No. 26/89.

2. The case of the prosecution was as under :--

(a) that accused No. 1 Janardan Kamble and the deceased Vasant Pawar were working in MASCO Company at Khopoli and were attached to Shivsena Pranit Kamgar Sena Union. Since there was a dispute between the Union and the company, both Janardan Kambale accused No. 1 and deceased Vasant Pawar were removed from their job. Thereafter the deceased was taken back on the job in the company and therefore, accused No. 1 joined another Union i.e. Congress Pranit Kamgar Utkarsha Sabha Union. This caused enmity between accused No. 1 and the deceased Vasant Pawar. According to the prosecution, there was also a quarrel between the accused persons and deceased Vasant Pawar over the land of one Rambhaji Kaly Badekar.

(b) On 19-8-1988 at about 6.15 a.m. the deceased Vasant Pawar alongwith his brother Ramesh Pawar (P.W. 2), Laxman Pawar, Rambhaji Pawar and Eknath Rama Badekar were passing on the road enroute to their place of work at MASCO Company situated in Khalapur. When they reached in front of the house of one Govind Bhau Badekar, accused Nos. 1 to 5 alongwith three other unknown persons armed with swords assaulted them on account of a previous enmity. Accused No. 1 gave a blow of sword on the head of deceased Vasant Pawar. After receipt of this blow, the deceased started running towards the house of one Raghunath Badekar and he entered the said house to save himself. According to the prosecution all the accused persons chased him and when he was about to enter into the house of Raghunath Badekar, accused No. 2 Balaji Badekar gave a blow of a sword on his legs. However, inspite of his injuries, deceased entered into the house of Raghunath Badekar but the accused also entered in the said house and gave blows of sword to him.

(c) It was contended that in the meanwhile, accused Nos. 4 and 5 had given blows of swords to Ramesh Pawar (P.W. 2) who fell on the road because of his bleeding injuries.

(d) The owner of the said house came out of his house shouting that the deceased Vasant Pawar was killed by the accused persons in his house and thereafter all the accused persons ran away.

(e) Later, the deceased Vasant Pawar and Ramesh Pawar were taken to the hospital at Karjat where Vasant Pawar was declared dead in the hospital and Ramesh Pawar was transferred to the Civil hospital, Thane for further treatment. It is the version of Ramesh Pawar that he was discharged after 10 to 15 days after treatment from the hospital.

(f) The complaint was recorded at the behest of Subhash Pawar (P.W. 1) by PSI Vasudeo Parulekar in the hospital at Karjat and the same was forwarded to the Police Station at Karjat and the offence bearing C.R. No. I 95/88 under sections 302, 307, 324, 147, 148 and 149 of Indian Penal Code was registered against the accused persons. PSI Vasudeo Parulekar (P.W. 15) then drew an inquest panchanama (Exh. 60) and the body was sent for post-mortem. He then proceeded to the scene of offence and drew panchanama of the scene of the offence including the house of Raghunath Badekar. The said panchanama was drawn in the presence of 2 panchas by name Baban Borade and Shrish More and is at (Exh. 65). He drew a panchanama of the place where the accused were said to have hidden themselves. The same is at (Exh. 66). He recorded statement of Shankar Badekar and others. On 21-8-1988 he arrested the accused Balaji Badekar, Prabhakar Badekar, Bandu Badekar and Dattatraya Deshmukh under a panchanama of arrest (Exh. 67). On 23-8-1988 he arrested accused No. 1 under a panchanama (Exh. 68). On that day he also recorded statement of witnesses Raghunath Badekar, Maruti Bhoir and Eknath Badekar. On 24-8-1988 he recorded Memorandum of accused

Click Here to Read the rest of this document