Conviction for homicide upheld based on credible eyewitness testimony; acquitted parties lacked sufficient evidence of participation in crime.

JUDGMENT :

ABHAY S. WAGHWASE, J.

1. Both the appeals are arising out of the judgment and order dated 03.08.2016 passed by Additional Sessions Judge, Hingoli in S.T. No. 49 of 2014, whereby, out of in all 25 accused persons, accused no. 2 Atmaram and accused no. 4 Madhav are convicted for the offence punishable under Sections 302 and 326 r/w 34 of the INDIAN PENAL CODE [IPC] and sentenced to suffer rigorous imprisonment for life, while rest of the accused i.e. accused nos. 1, 3, and 5 to 25 stand acquitted from all the charges.

2. The convicted accused nos. 2 and 4 i.e. Atmaram and Madhav have challenged the above conviction by preferring Criminal Appeal No. 522 of 2016, while the original informant has preferred Criminal Appeal No. 557 of 2020 questioning the acquittal to the extent of accused nos. 1, 3, 5, 6, 8 and 9. Since both the appeals are arising out of one and the same judgment and heard at one and the same time, we propose to decide them by this common judgment.

PROSECUTION CASE IN TRIAL COURT IS AS UNDER

3. The conspectus of the prosecution case in brief is that Baban and appellant Dnyonaba are cousins. Whereas, injured Jijabai is wife of Baban, informant is son of Baban and rest accused are family members of appellant Dnyanoba. They both are agriculturist by occupation and their lands are abutting to each other. There were issues between them about area of the land since four to five years prior to the incident.

4. The first spark of controversy fell on 24.04.2014 at 6.00 p.m. at marriage ceremony of daughter of one Parasram Gaikwad in the village which was attented by PW10. Prosecution story is that, accused appellat party taunted and teased PW10 saying that he has rendered no assistance in marriage and has merely come to enjoy food. Feeling humiliated, PW10 Baban came home in the evening and reported to his family members. Informant and his brothers, namely, Prakash (deceased) and Sopan went to the field and haulted that night there itself.

5. The second episode took place at 8.00 am on the next morning i.e. 25.04.2014. In all 25 accused persons came to the house of PW10 Baban, getting armed with articles sticks, rod, axe. Shivcharan and Karan passed the information to PW1 on phone and therefore informant and his brothers reached home. According to them, accused no.17, 18, 19, 20, 21, 22, 24, 25 entered the house. According to informant, accused no.1 Arjun, Accused no.2 Atmaram, Accused 3, 5 also entered and they assaulted his mother on the head with sticks and rod and caused her grevious injury. When informant and his brothers intervened, that time it is alleged accused 1, 3, 2, 4, 6 Jagannath and Accused no. 9 Hari, Accused no. 8 Datta mounted assault on Prakash on face, nose, back , legs and caused his grevious injuries. Further according to informant, when he and Sopan fled to save themselves, accused no. 7, 10, 11, 14 Badri, 15 Prasad, 12 Vithal, 16 Sheshrao chased them with sticks and rods and caught informant on the bridge near the field of one Trimbak Sambhaji Pathade and assaulted him . One Bhagwan, Sitabai sopan Pathade intervened and rescued him. According to informant, his brother Prakash and mother were shifted to Civil Hospital. On examination Prakash was reported dead. His mother was admitted alongwith himself and his father. Police officer approached him in the hospital where he gave report, on the strength of which FIR was registered.

6. After completion of investigation, all accused were made to face trial before Additional Sessions Judge