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IN THE HIGH COURT OF BOMBAY
A.S. Gadkari, J.
Tukaram Namdeo Yede – Appellant
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 convicted the appellants under various sections of the Indian Penal Code for their involvement in a land dispute, assault, and causing the death of a person. The trial court acquitted the appellants from certain charges. The appellants challenged the judgment, and the court analyzed the evidence and arguments presented by both parties to reach its decision.
Fact of the Case:
The case involved a dispute over a piece of land, which led to a confrontation between the appellants and the complainant's family. The appellants were convicted for various offenses, including assault and causing the death of a person. The trial court acquitted the appellants from certain charges.
Finding of the Court:
The court found that the evidence presented by the prosecution, including witness testimonies and medical reports, supported the conviction of the appellants for their involvement in the assault and the death of the deceased. However, the court also found discrepancies in the evidence, leading to the modification of the appellants' convictions and sentences.
Issues: The key issues in the case included the ownership of the disputed land, the nature of the confrontation between the parties, the injuries sustained by the victims, and the applicability of various sections of the Indian Penal Code to the actions of the appellants.
Ratio Decidendi: The court's decision was based on a careful analysis of the evidence, including witness testimonies and medical reports. The court also considered legal principles related to assault, grievous hurt, and the interpretation of relevant sections of the Indian Penal Code.
Final Decision: The court partly allowed the appeal, modifying the appellants' convictions and sentences. The court also directed the appellants to pay additional compensation to the injured persons and provided instructions for the distribution of the compensation.
A.S. Gadkari, J.
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 decl
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