BOMBAY HIGH COURT
G. R. Majitha, *Vishnu Sahai, JJ.
Basanna Nigonda Hattali and Others v. State of Maharashtra
Sessions Case No. 54 of 1992
| Table of Content |
|---|
| 1. details of the incident and prosecution case. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. trial procedure and evidence presentation. (Para 7 , 8) |
| 3. arguments and defenses presented. (Para 9 , 10) |
| 4. credibility of eye-witnesses and corroborative evidence. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. evaluation of evidence regarding appellants. (Para 17 , 18 , 19) |
| 6. assessment of specific roles of accused. (Para 20 , 21 , 22) |
| 7. conclusions on lack of evidence against particular appellants. (Para 23 , 24 , 25) |
| 8. final legal contentions and court's rationale. (Para 26) |
| 9. final verdict and order of the court. (Para 27 , 28) |
1 .Vide judgment and order dated 24-8-1993 passed in Sessions Case No. 54 of 1992, the Additional District and Sessions Judge, Pandharpur, convicted and sentenced the appellants in the manner stated hereinafter :
(i) Basanna Nigonda Hattali (appellant No. 1), Malku Bhimraya Hattali (appellant No. 8), Tamrayya Nigonda Patil (appellant No. 12) and Mallensha Nigonda Patil (appellant No. 13) under S.302 read with S.34, I.P.C. to life imprisonment;
(ii) Chandrakant Murgappa Umrani (appellant No. 2), Laxman Hanmant Hattali (appellant No. 3), Dundeppa Shivappa Umrani (appellant No. 4), Pandurang Jagannath Nikam (appellant No. 6), Mohan Baliram Koli (appellant No. 7), Sangappa Bhimraya Hattali (appellant No. 9), Malkanna Annarayya Birajdar (appellant No. 10) and Kallappa Ramchandra Hattali (appellant No. 11) under S.304, Part II, I.P.C. read with 34, I.P.C., to 5 years R. I. and under S.323 read with 34, I.P.C. to 6 months R. I. Malkanna Annarayya Birajdar (appellant No. 10), was further convicted under S.325 read with 34, I.P.C. and sentenced to 3 years R. I.
(iii) Vithal Krishna Nikam (appellant No. 5) under S.304, Part II read with 34, I.P.C. to 5 years R. I. and under S.325 read with 34, I.P.C. to 3 years R. I. The sentences of all the appellants, excepting appellants Nos. 1, 8, 12 and 13 were directed to run concurrently. It is these convictions and sentences of the appellants which have been challenged in the present appeal.
2. The prosecution case, in brief, as emerges from the recitals contained in the FIR and the statements of the three injured witnesses viz. Sangappa Birajdar (P.W. 1), Sidharaya Loni (P.W. 6) and Digambar Appasaheb Pawar (P. W. 11) runs as follows :
The appellants on one side and the victims on the other are residents of village Chikalgi, situate within the limits of Taluka and police station Mangalwedha, District Sholapur. On 14-11-1991 an election was scheduled for Co - operative Society of village : Chikalgi. Two parties were contesting the election. One of them was led by appellant No. 13 Mallesha Nigonda Patil, and the other by Ishwarappa Birajdar. The informant and others are said to have belonged to the party of Ishwarappa.
On 12-11-1991, Sangappa Birajdar (P. W. 1), Sidharaya Loni (P. W. 6) Digambar Pawar (P.W. 11) (the three injured) and the deceased Sankonda Birajdar had gone on cycles to the house of one Dariyya Birajdar to hire a tractor belonging to him for bringing the voters in the election, scheduled for 14-11-1991. Dariyappa informed them that his tractor was out of order, but, insisted that before leaving they should have tea. Consequently, the aforesaid persons had tea at Dariyappa's place. While they were returning on cycles, to village Chikkalgi, by the road, leading from Raddhe to Shrirnandgi, and had reached the field of one Ganendra Nikam, all of a sudden the 13 appellants emerged before them. As the time was about 10 p.m. they could be recognised because, there was moon light. They asked the informant Sidhrayya and others as to why they were contesting elections against them. Appellant Basanna Nigonda Hattali was armed with an axe, appellant Chandrakant Murgappa Umrani was armed with a handle of an axe and the remaining appellants were armed with sticks. Thereafter, an assault was launched by the appellants on the informant and others.
Appellants Basanna Nigonda Hattali, Malku B
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