Anil Nana Yelmame vs State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1184

IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
VIBHA KANKANWADI, ABHAY S. WAGHWASE, JJ.
Anil Nana Yelmame – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 92 of 2016
Decided On : 31-08-2023

Advocates:
Advocate Appeared:
For the Appellant : Joydeep Chatterji.
For the Respondent: S.D. Ghayal.

Headnote:
Indian Penal Code, 1860 - Section 325, 34, 323, 302, 149 - Code of Criminal Procedure, 1973 - Section 428, 378(1), 372, 161 - Indian Arms Act, 1959 - Sections 3, 5, 25 – Murder offence - Appeal against conviction - Appeal has been filed by original accused Nos. 1 to 4 challenging their conviction by learned Additional Sessions Judge in Sessions Case – Role of accused persons and accused No. 1 has been properly segregated by learned trial Judge and he has rightly convicted those accused persons - Para 23.
Finding of the Court: Accused No. 1 was alone when he had assaulted deceased with sword, but thereafter other accused persons came i.e. accused Nos. 2 to 4 to whom role has been assigned and then they assaulted witnesses - Role of other accused persons and accused No. 1 has been properly segregated by learned trial Judge and he has rightly convicted those accused persons - Though there is a criminal case against witnesses, yet that place of incident is different and accused then have not brought on record exact time of incident in front of house of Nana - It cannot be said that who was aggressor, who triggered point of dispute again in morning, as there was already dispute/quarrel that had taken place earlier night - Motive has also been proved - Under said circumstance, conviction is just and proper - There is no merit in present Appeal.
Result: Appeal dismissed.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Present Appeal has been filed by original accused Nos. 1 to 4 challenging their conviction by the learned Additional Sessions Judge, Sangamner, District-Ahmednagar in Sessions Case No. 12 of 2004, on 30th January 2016.

2. The prosecution story, in short, is that deceased Santu Jayram Ranmale was residing with his wife, two sons and daughter-in-laws. Santu and his wife used to run a small hotel/tea stall near the temple of Haujinath Baba in village Mirpur Lohare, Taluka-Sangamner, District-Ahmednagar. His son Dattu-informant is a tempo driver. There was dispute between Santu’s family and the family of one Nana Sakharam Yelmame on account of hotel premises. The civil suit was pending. Quarrel had taken place on 1st October 2003 on account of the said dispute and the reports were lodged with the police station. On 8th October 2003, around 7.30 a.m. PW-2 Dattu was cleaning his tempo in front of his house. His mother and father were looking after the affairs of the hotel. At that time accused No. 1 Anil, who is the son of Nana Yelmame, with whom the said civil dispute was pending, passed from the hotel in a Maruti Van. But after going some distance, Anil returned, stopped his Van in front of the hotel. The said Van was bearing No. MH-15-AS-2891. After getting down from the Van with sword in his hand, accused No. 1 went towards Santu in the hotel and gave blow of sword on the head of Santu and second blow was given on his hand. Santu fell down and then immediately accused No. 1 went in the said Maruti Van towards his house. Informant Dattu and his brother Balasaheb went running towards their father. It was around 8.00 a.m. at that time. Both the brothers and their mother frightened. Some people gathered there. At that time, from the field the accused persons including Nana Yelmame (now deceased) came armed. They assaulted informant, his brother and other persons. Then the brothers managed to take Santu to Hospital. Santu was admitted to Government Hospital, Sangamner, but upon examination, he was declared dead by the medical officer. PW-2 Dattu went to the Police Station and lodged the report.

3. Upon the said First Information Report (fort short “the FIR”), Police went to the spot and carried out the spot panchnama. Prior to that, when Santu was declared dead, the fact was informed to Sangamner Police Station and inquest panchnama was executed. The dead body was sent for postmortem. The injured persons were also referred for medical examination and their medical examination was got done at Government Hospital, Sangamner. Statements of witnesses came to be recorded. The Van used in the commission of crime was seized. The other papers were collected and after completion of the investigation, charge-sheet was filed against in all 15 accused persons.

4. After committal of the case, charge was framed. All the accused pleaded not guilty. Trial was conducted. Prosecution has examined in all 11 witnesses to bring home the guilt of the accused. After considering the evidence on record and hearing both sides, the learned trial Judge held accused No. 1 Anil guilty of committing offence under Section 302 of the Indian Penal Code and he has been sentenced to suffer imprisonment for life and pay fine of Rs.5000/- in default to suffer rigorous imprisonment for six months. Accused Nos. 1 to 4 have been convicted for the offence punishable under Section 325 read with Section 34 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/- each, in default, to suffer further rigorous imprisonment for three months. Further accused Nos. 1 to 4 have been held guilty of committing offence punishable under Section 323 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.500/- each, in default, to suffer further rigorous imprisonment for fifteen days. All the substantive sentences were