2026:BHC-AUG:390 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 263 OF 2024 Vishnu Thakaji Talekar Age : 39 Years, Occu : Agril., R/o. Pithori Sirasgaon, Tq. Ambad, Dist. Jalna ...APPELLANT VERSUS

1. The State of Maharashtra

2. Pradip Shivaji Avhare Age : 25 Years, Occu : Education, R/o. Shobhanagar, Pithori Sirasgaon, Tq. Ambad, Dist. Jalna ...RESPONDENTS ***

Mr. Sudarshan J. Salunke , Advocate for the Appellant.

Ms. U. S. Bhosale, APP for Respondent – State.

Mr. Thombre Chandrakant V., Advocate for Respondent No.2.

***

CORAM : RAJNISH R. VYAS, J.

DATE : JANUARY 07, 2026 JUDGMENT :

1. Heard respective counsels.

2. This is an appeal challenging judgment and order passed in Sessions Case No.274 of 2021 on 02^nd March 2024 by the Additional Sessions Judge, Ambad sofar as convicting the present appellant who is the original accused No.5, for the commission of offence punishable under Section 307 of Indian Penal Code (hereinafter referred to as the “IPC” for the sake of brevity). The appellant was directed to undergo rigorous imprisonment for ten (10) years and pay fine of ₹ 3,00,000/- and in default to suffer simple imprisonment of six (06) months. Sofar as offences punishable under Sections 341, 327, 324, 323, 143, 147, 148 read with Section 149 of IPC are concerned the appellant was acquitted. All other accused persons who were tried were acquitted from the offences.

3. The criminal law was set in a motion on the basis of the report lodged by one Pradip Shivaji Avhare with respondent Gondi Police Station on 23^rd August 2019, on the basis of which First Information Report No. 340 of 2019 for the commission of offences punishable under Sections 341, 326, 324, 323, 143, 147, 148 of IPC was registered in all against 8 accused persons. After completion of investigation, a final report was submitted. The charges were framed by the learned Additional Sessions Judge, Ambad, below Exhibit 7 against the 8 accused persons on 25^th January 2022. The accused persons were charged for commission of offences punishable under Sections 307 read with Section 149 of IPC, so also Section 341 read with Section 149 of IPC and Section 326 read with Section 149 of IPC. They were further charged for commission of offences punishable under Sections 354, 323, 143, 147, 149 and 148 along with Section 149 of IPC.

4. In order to bring home the charge, the prosecution has examined 13 witnesses. It is pertinent to mention here that the case of prosecution is based on two incidents. The first incidence took place at a stone quarry (Khadan), and the second incidence took place near Ganpati Temple. PW-1 (page No.40 of paper book) is one Pradip Shivaji Avhare, who is the injured as well as the son of PW-2, who is also injured. According to the case of prosecution, on the day of incident i.e. on 21^st August 2019, at about 17:00 hours, at village Pithori Sirasgaon, Taluka Ambad, District Jalna, all the accused persons formed an unlawful assembly and, with an intention to cause injuries by carrying various weapons assaulted the PW-1 and PW-2. The motive of the crime, according to the prosecution, was a dispute regarding the allotment of a piece of land i.e. gat No.25 and 304 situated at Pithori Sirasgaon for rehabilitation.

5. FIRST INCIDENT : On 21^st August 2019, PW-2 – Shivaji, along with his wife Vijaymala and daughter, was passing from stone mine at Shobhanagar. At that time, juvenile accused / original accused Nos.1 and 2 and the accused who were convicted came there. Accused Prakash and Eknath (acquitted accused) caught hold of the injured Shivaji / PW-2, and accused Vishnu (present appellant / convicted accused) gave an axe blow on the head of injured Shivaji. The prosecution further contended that the accused Thakaji, Somnath and Bhagwan (all acquitted accused) assaulted Shivaji by means of sticks. Accused Sopan and Pavan (acquitted accused) assaulted him by fist, blows and tore his cloths. Thereafter, PW-2 / Shivaji called the informant