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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.S. GADKARI, J.
Tukaram Namdeo Yede & Ors. - Appellants
Versus
The State of Maharashtra - Respondent
CRIMINAL APPEAL NO.739 OF 1996
Decided On : 13-07-2016
Indian Penal Code - Land Dispute - Section 147, Section 148, Section 325, Section 447, Section 304 Part (II) read with Section 149 - The judgment and order dated 10th December 1996 convicted the appellants for various offenses under the Indian Penal Code. The appellants were convicted for offenses including Section 147, Section 148, Section 325, Section 447, and Section 304 Part (II) read with Section 149. The judgment also acquitted the appellants from the offenses punishable under Section 302 read with 149 and Section 506 read with 149 of the Indian Penal Code.
Fact of the Case:
The dispute arose over the possession of a piece of land. The appellants claimed ownership over the land, leading to a confrontation with the complainant and his family members. The incident resulted in injuries and the death of the complainant's father. The trial court convicted the appellants based on the testimonies of the injured witnesses and medical evidence.
Finding of the Court:
The court found that the evidence did not conclusively establish the guilt of the appellants for the offenses they were convicted of. The court noted discrepancies in the testimonies of the witnesses and raised doubts about the causation of the injuries and the death of the complainant's father. The court also found the discovery of weapons to be unreliable and raised questions about the medical evidence supporting the charges.
Issues: The issues revolved around the reliability of the testimonies, the causation of injuries and death, the discovery of weapons, and the medical evidence presented by the prosecution.
Ratio Decidendi: The court's decision was influenced by the lack of conclusive evidence to establish the guilt of the appellants. The court raised doubts about the reliability of the testimonies, the discovery of weapons, and the medical evidence. The court also considered the age and circumstances of the appellants in modifying the sentences.
Final Decision: The court partly allowed the appeal, modifying the convictions and sentences of the appellants. The court directed the appellants to pay additional compensation to the injured persons and ordered the distribution of the compensation through the trial court.
1. The appellants have questioned the correctness of the Judgment and Order dated 10th December 1996, passed in Sessions Case No. 1 of 1992, by the learned Additional Sessions Judge, Baramati, thereby convicting and sentencing them as under :-
(i) All the appellants are convicted for the offence punishable under Section 147 of Indian Penal Code and sentence to suffer rigorous imprisonment for six months and to pay fine of Rs.100/- each, in default of payment of fine to further under go rigorous imprisonment for one month.
(ii) All the appellants are also convicted for the offence punishable under section 148 of Indian Penal Code and to suffer rigorous imprisonment for nine months and to pay fine of Rs.200/- each, in default of payment of fine shall suffer further rigorous imprisonment for two months.
(iii) All the appellants are also convicted for the offence punishable under Section 325 read with 149 of Indian Penal Code and each of them is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- each, in default of payment of fine to further undergo rigorous imprisonment for nine months.
(iv) All the appellants are also convicted for the offence punishable under Section 447 read with 149 of Indian Penal Code and sentenced to suffer rigorous imprisonment for one month and to pay fine of Rs.100/- each, in default of payment of fine to further undergo rigorous imprisonment for 15 days.
(v) The Appellant No. 1 – Tukaram Namdeo Yede, Appellant No. 3 - Baba Baburao Khomane, Appellant No.4- Attam Baba Khomane, Appellant No. 8 – Sampat Bhiva Khomane and Appellant No. 9 – Soma Maruti Khomane are also convicted under Section 304 Part (II) read with Section 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.1000/- each, in default of payment of fine to further undergo rigorous imprisonment for six months.
(vi) The trial court has directed that all the substantive sentences shall run currently.
By the same Judgment and Order, the Trial Court has acquitted all the Appellants from the offences punishable under Section 302 read with 149 of the Indian Penal Code and under Section 506 read with 149 of the Indian Penal Code.
2. The facts which are relevant and necessary to decide the present appeal enumerated from the record, can briefly be stated as under :
(I) The Appellants and the witnesses including deceased Jayaram Khomane were the residents of village Jalgaon-Supe, Taluka Baramati, District - Pune. That there was a dispute between the Appellants headed by Appellant No. 1 Tukaram Yede on one hand and Shantaram Jayram Khomane (PW No. 1) on the other hand, over the possession of piece or parcel of land bearing Gut No. 29 lying and situated at village Jalgaon-Supe. That the said filed was originally belonged to Shri Abu Rama Khomane, who expired on 24.9.1988. It further reveals from the record that during the life time of said Shri Abu Rama Khomane and his wife Smt. Dhanabai, Jayram Khomane (deceased) and his son Shantaram (PW No. 1) were cultivating the said land bearing Gut No. 29 on behalf of the said landlord. The said landlord Shri Abu Rama Khomane was not having any issues and expired intestate. That Smt. Dhanabai after the demise of her husband used to reside with the informant Shantaram (PW No. 1) and his father and therefore the complainant/informant and his father continued to cultivate the land on behalf of Smt. Dhanabai. It is the prosecution case that the Appellant No. 1, Tukaram Yede was having ill motive and with a view to grab the said land, he purportedly produced one “Will-Deed” dated 20.1.1981, allegedly executed by deceased Abu Rama Khomane and claimed ownership over the said disputed land, even to the exclusion of the wife of the deceased namely Smt. Dhanabai Abu Khomane.
(II) The Appellant No. 1 filed a civil suit bearing R.C.S. No. 335 of 1989, in the Court of Joint Civil Judge, Junior Division, Baramati for declaration of po
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