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IN THE HIGH COURT OF BOMBAY
S.S. Shinde, V.G. Bisht, JJ.
Gorakh Ramdas Kandge - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 515 of 1996, 586 of 1996, 517 of 1996
Decided On : 16-07-2020
The Court upheld the conviction of the accused under Sections 302/149, 147, 148, 324, and 447 of the Indian Penal Code (IPC) but modified the conviction under Section 302/149 IPC for three of the accused to Section 302/34 IPC. The Court found that the prosecution had established beyond reasonable doubt that the accused had formed an unlawful assembly with the common object of taking a tractor through the field of the deceased, and that in the course of the ensuing fight, the deceased was killed. The Court also found that three of the accused had acted beyond the common object of the unlawful assembly and were therefore guilty of murder under Section 302/34 IPC.
Fact of the Case:
The case involved a fight between two groups of people over the use of a tractor on the field of the deceased. The accused, who were part of one of the groups, were armed with weapons and assaulted the deceased and other members of his group. The deceased succumbed to his injuries, and the accused were charged with murder, rioting, and other offenses.
Finding of the Court:
The Court found that the prosecution had established beyond reasonable doubt that the accused had formed an unlawful assembly with the common object of taking a tractor through the field of the deceased, and that in the course of the ensuing fight, the deceased was killed. The Court also found that three of the accused had acted beyond the common object of the unlawful assembly and were therefore guilty of murder under Section 302/34 IPC.
Issues: 1. Whether the prosecution had established beyond reasonable doubt that the accused had formed an unlawful assembly with the common object of taking a tractor through the field of the deceased. 2. Whether the prosecution had established beyond reasonable doubt that the accused had assaulted the deceased and other members of his group, resulting in the death of the deceased. 3. Whether three of the accused had acted beyond the common object of the unlawful assembly and were therefore guilty of murder under Section 302/34 IPC.
Ratio Decidendi: 1. To establish the formation of an unlawful assembly, the Court considered factors such as the motive, weapons used in the attack, and the conduct of the accused before and at the time of the attack. 2. To establish the assault and murder, the Court relied on the testimonies of eyewitnesses, medical evidence, and the recovery of weapons at the scene of the crime. 3. To determine whether three of the accused had acted beyond the common object of the unlawful assembly, the Court examined their specific actions and the nature of the injuries inflicted on the deceased.
Final Decision: The Court upheld the conviction of the accused under Sections 302/149, 147, 148, 324, and 447 of the Indian Penal Code (IPC) but modified the conviction under Section 302/149 IPC for three of the accused to Section 302/34 IPC. The Court found that the prosecution had established beyond reasonable doubt that the accused had formed an unlawful assembly with the common object of taking a tractor through the field of the deceased, and that in the course of the ensuing fight, the deceased was killed. The Court also found that three of the accused had acted beyond the common object of the unlawful assembly and were therefore guilty of murder under Section 302/34 IPC.
JUDGMENT
V.G.Bisht, J. - These three Appeals arise out of a common judgment and order passed by learned Additional Sessions Judge at Pune dated 12th August, 1996 in Sessions Case No. 94 of 1995.
2. Criminal Appeal No. 515 of 1996 has been preferred by accused Gorakh Ramdas Kandge (A-4) and Pandurang Dattoba Kandge (A-5), Criminal Appeal No. 517 of 1996 by accused Kisan Dhondiba Kandge (A-6), Aba Dhondiba Kandge (A-9) and Sainath Dhondiba Kandge (A-10); and Criminal Appeal No. 586 of 1996 by accused Narayan Baburao Kandge (A2) and Arun Dattoba Kandge (A-3).
3. They have been convicted under Sections 302/149 of the Indian Penal Code (for short, "IPC") and sentenced to life imprisonment and to pay a fine of Rs.1000/- each, in default to suffer rigorous imprisonment for four months, besides sentencing them under Sections 147, 148, 324 and 447 of the IPC. The substantive parts of sentences were directed to run concurrently. As however all the three Appeals arise out of the same judgment, we propose to decide these Appeals by one judgment.
4. Briefly put, the facts may be summarized as follows :
(a) On 02.10.1994 at about 6.00 p.m., when Babaso Walmikrao Khandagale, informant, was present in his locality, one Ganesh Balaso Khandagale came running and informed informant that a quarrel is going on between Aba alias Baban Khandagale (deceased) and Gorakh Kandge (A-4) on the ground of taking tractor through the field of Marutrao Shankar Khandagale (PW-14). The informant and said Ganesh Balaso Khandagale accordingly went to the field of PW-14 and found a tractor belonging to A-4 standing in the field of PW-14, and deceased and A-4 were quarreling. At the relevant time the neighboring field workers, namely, Shivaji Vinayak Khandagale (PW-12), Balu Vishnu Khandagale (PW-10), Tukaram Vishnu Khandagale (PW-9), Suresh Vishnu Khandagale (PW-8), Raghunath Balaso Khandagale (PW-11) and Balu Baban Khandagale (PW-13) were present.
(b) According to prosecution at about 6.30 pm, accused Ramdas Baburao Kandge (since acquitted), A-2, A-6, A-5, A-3, accused Sunil Dattoba Kandge (since acquitted), accused Dadabhau Bhagwanso Kandge (since acquitted), accused Balu Kandge (since acquitted), A-9, A-10, accused Baban Jaywant Kandge (since acquitted), accused Sada Shripati Kandge (since acquitted), accused Narayan Sakharam Kandge (since acquitted) and son-in-law of one Dattoba Kandge, accused Dattoba Waman Kandge (since acquitted) and other five to six persons came from the orange orchard of A-2. The prosecution alleges that all the above said persons were armed with cycle chain, koyata (sickle), spade, wooden plank, axe, sword and iron rod and all of them suddenly started assaulting informant and others.
(c) The prosecution further alleges that A-1 started beating all the Khandagales by means of cycle chain. A-2 assaulted deceased by means of sickle. A-3 assaulted Suresh Khandagale and Bala Baban Khandagale by means of an axe. A-4 and A-5 were armed with spade (khore) whereas A-6 with wooden plank. A-7 and A-8 gave fists and kick blows. A-9 was armed with a sword. A-10 with an iron rod and A-11 with wooden plank. A-12 to A-14 assaulted by means of fists and kick blows. In the said assault, the prosecution alleges that Aba alias Baban Khandagale (since deceased), Balu Baban Khandagale (PW-13), Shivaji Vinayak Khandagale (PW-12), Balu Vishnu Khandagale (PW-10), Tukaram Vishnu Khandagale (PW-9), Suresh Vishnu Khandagale (PW-8) and Raghunath Balaso Khandagale (PW-11) got seriously injured.
(d) Later on, the informant lodged the report with Shirur Police Station, District Pune. On the basis of which, Crime No. 92 of 1994 under Sections 302, 307, 147, 148, 149, 447, 324, 323, 504 of the IPC and under Section 135 of Mumbai Police Act came to be registered against all the accused.
5. In course of the investigation that followed, usual steps for holding inquest, preparing panchnama of the scene of offence, seizure of blood stained clothes were taken and the autopsy wa
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