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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
V.K. TAHILRAMANI & ANUJA PRABHUDESSAI, JJ.
Sahebgonda Laxman Birajdar - Appellant
Versus
The State of Maharashtra - Respondent
CRIMINAL APPEAL NO. 932,675,678,701,906,945 OF 2005 WITH Cr. Appeal NO. 613 OF 2005
Decided on : 07-10-2016
The court analyzed the evidence of three eyewitnesses, PW3, PW4, and PW17, to determine the guilt of the accused in a case involving the murder of five family members. The court found that PW3 and PW17 were truthful witnesses and their testimonies corroborated each other. The court also found that the accused had a common object to commit the crime, as evidenced by their gathering outside the deceased's house, assaulting them, and setting the house ablaze. The court convicted the accused under various sections of the Indian Penal Code, including murder, rioting, and arson. The court dismissed the appeals filed by the accused and upheld their convictions and sentences. The court also dismissed the state's appeal for enhancement of the sentence, finding that the case did not fall within the "rarest of rare" category.
Fact of the Case:
The case involved the murder of five family members by a group of accused. The prosecution relied on the testimonies of three eyewitnesses, PW3, PW4, and PW17, to establish the guilt of the accused.
Finding of the Court:
The court found that PW3 and PW17 were truthful witnesses and their testimonies corroborated each other. The court also found that the accused had a common object to commit the crime, as evidenced by their gathering outside the deceased's house, assaulting them, and setting the house ablaze.
Issues: The main issues in the case were the credibility of the eyewitnesses, the presence of a common object among the accused, and the appropriate sentence for the crime.
Ratio Decidendi: The court held that the testimonies of PW3 and PW17 were reliable and provided sufficient evidence to establish the guilt of the accused. The court also found that the accused had a common object to commit the crime, as evidenced by their gathering outside the deceased's house, assaulting them, and setting the house ablaze. The court upheld the convictions and sentences imposed on the accused, finding that the case did not fall within the "rarest of rare" category.
Final Decision: The court dismissed the appeals filed by the accused and upheld their convictions and sentences. The court also dismissed the state's appeal for enhancement of the sentence.
ANUJA PRABHUDESSAI, J.
All the aforesaid appeals, except criminal appeal No. 945 of 2005, are filed by the accused challenging judgment dated 9th May, 2005 in Criminal Case Nos. 107 of 2004 and 176 of 2004 whereby the learned 4th Additional Sessions Judge, Sangli, convicted for offences under Section 302, 536, 436, 342, 143, 147, 148, 149 and 120 B of the IPC and sentenced the abovementioned accused as under:-
2. The accused Nos. 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 16, 17, 18, 20, 23, 24, 25, 28, 29, 34, 36, 37 and 41 are convicted for the offences punishable under sections 143, 147, 506 r/w. 149, 342 r/w. 149, 436 r/w. 149, 302 r/w. 149 and 427 r/w. 149 of the IPC and sentenced as under:-
(i) Rigorous imprisonment for a term of three months for the offence punishable under section 143 of the IPC.
(ii) rigorous imprisonment for a term of six months for the offence punishable under section 147 of the IPC.
(iii) rigorous imprisonment for a term of six months for the offence punishable under section 506 r/w. 149 of the IPC.
(iv) rigorous imprisonment for three months for the offence punishable under section 342 r/w. 149 of the IPC.
(v) rigorous imprisonment for a term of five years and to pay fine of Rs. 500/- i/d. to suffer RI for one month for the offence punishable under section 436/149 of the IPC.
(vi) rigorous imprisonment for life, and to pay fine of Rs. 1000 i/d. to suffer rigorous imprisonment for two months for the offence punishable under section 302/149 of the IPC.
(vii) rigorous imprisonment for a term of six months for the offence punishable under section 427/149 of the IPC.
3. Aggrieved by the conviction and sentence accused Nos. 7, 9, 10, 11, 12 and 20 filed appeal No. 932 of 2005. Accused No. 6 filed appeal No. 613 of 2005. Accused Nos. 28, 13, 34, 37 and 36 filed appeal No. 675 of 2005. Accused No. 41 filed appeal No. 677 of 2005. Accused Nos. 1, 2, 3 and 4 field appeal No. 678 of 2005. Accused Nos. 16, 17, 18, 24, 25, 29 and 14 filed appeal No. 701 of 2005. Accused No. 23 filed appeal No. 906 of 2005 before this Court.
4. The State has filed criminal appeal no. 945 of 2005 seeking enhancement of sentence imposed against the accused.
5. The brief facts leading to these appeals are as under:
6. On the intervening night of 21st and 22nd March, 2004, Shri Shivpure, Station Officer of Umadi Police Station informed PW23 Dr. Digambar Pradhan, Deputy Supt. of Police Tasgaon Division, Sangli District that he had received a telephonic message that members of Basargi and Birajdar family had killed Mahadeo Chavan and his family members. PW23 conveyed the information to the other police officers. PW23 Dr. Pradhan proceeded to the spot of the incident along with the police staff. He engaged services of fire fighters to extinguish the fire. In the meantime the other police personnel arrived at the scene of offence. Some of the police personnel took PW3 Irappa to Umadi Police Station. PW19 Ramchandra Devane, PI of Umadi Police Station recorded the FIR (Exh.164) lodged by PW13 Irappa Kamble.
7. The complainant PW3-Irappa Krishna Kamble had alleged that on 21.3.2004 at about 4.00 p.m. while he was at his residence at Asangi Turk, he saw accused No. 1-Chidanand Shivappa Basargi, accused No. 2-Shrishailya Basappa Basargi, accused No. 3-Laxman Rudrappa Basargi, accused No. 4 Iranna/Irappa Paragonda Basargi, accused No. 5-Appanna Shivappa Basargi, accused No. 6-Basappa Jaygonda Basargi, accused No. 7-Sahebgonda Laxman Birajdar, accused No. 8-Gurunath Annappa Birajdar, accused No. 9-Rudrappa Annappa Birajdar, accused No. 10-Irappa Gurappa Birajdar, accused No. 11-Laxmibai Rudrappa Birajdar, accused No. 12-Gurawwa Gurunath Birajdar, accused No. 13-Mahananda Shrikant Basargi, accused No. 14-Shantawwa Irappa Basargi, accused No. 15 Babasaheb Dhondiba Devkate, accused no. 38-Suvarna Irappa Birajdar, accused no. 41-Shrikant Paragonda Basargi and 20 to 25 other persons proceeding towards the house of Mahadev Chavan. He further stated that
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