Cri. Apeal Nos. 152/95

1

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

CRIMINAL APPEAL NO. 152 OF 1995

1.

Haribhau s/o. Satwaji Jogdand,

Age 40 yrs., Occu. Labourer,

R/o. Dhobighat, Ambajogai,

Dist. Beed.

2.

Yuvraj s/o. Narayan Waghchoure,

Age 28 yrs., Occu. Labourer,

R/o. Dhobighat, Ambajogai,

Dist. Beed.

3.

Suryakant s/o. Nivratti Bansode,

Age 38 yrs., Occu. Agriculturist,

R/o. Ambajogai, Dist. Beed.

4.

Vasant s/o. Nivratti Bansode

(Abated as per order dt. 21.7.2010)

....Appellants.

Versus

The State of Maharashtra

....Respondent

Mr. Amol Jagatkar, Advocate for appellants.

Mr. S.D. Kaldate, A.P.P. for State/respondent.

CORAM : NARESH H. PATIL &

T. V. NALAWADE, JJ.

RESERVED ON : 23rd February, 2012.

PRONOUNCED ON : 13th March, 2012.

JUDGMENT : [PER T. V. NALAWADE, J.]

1.

The appeal is filed against the judgment and order of

Sessions Case No. 36/1992, which was pending in the Court of

Cri. Apeal Nos. 152/95

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Additional Sessions Judge, Ambejogai, District Beed. By the

decision dated 18.4.1995, the Trial Court has convicted and

sentenced the appellants for offences punishable under sections

307, 325, 323 and 34 of Indian Penal Code ("I.P.C."for short). In all

21 accused persons were charge-sheeted for the aforesaid

offences and also for the offences punishable under sections 147,

148 and 149 of I.P.C. During pendency of the appeal, appellant

No. 4 Vasant died and the appeal filed by him is treated as

abated. Both the sides are heard. The State has filed appeal

against the acquittal of the persons of opposite side given in

counter case and that appeal bearing Criminal Appeal No.

247/1995 is also being decided today.

2.

It is the case of prosecution that there are two

political rival groups of political party, Republican Parity of India

(for short "R.P.I.") in Ambajogai, District Beed. One group is

supporting 'Gavai' and this is called as 'Gavai group' and other

group supports 'Prakash Ambedkar' and it is called as 'Ambedkar

group'. Most of the workers of these two fractions live in

Dhobighat area of Ambajogai. The incident took place on

22.3.1992 at about 9.30 p.m. near Samaj Mandir situated at

Dhobighat. Some boys of the party of Ambedkar group were

practicing Lazim near the Samaj Mandir as they wanted to give

Cri. Apeal Nos. 152/95

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performance on the occasion of Dr. Babasaheb Ambedkar Jayanti

on 14.4.1992. Accused Sambhaji Jogdand is of Gavai group and he

came there to prevent the boys from practicing Lazim. One boy

was using instrument Halgi (drum), which is generally used at the

time of playing with Lazim. Sambhaji held drum of this boy to stop

the practice. In the meantime, other accused persons of Gavai

group, came to the spot with the weapon like axes, knives, iron

rods and sticks. Some accused were holding stones. The accused

then started assaulting the boys, who were playing Lazim and

also other persons of Ambedkar group. When the incident was

going on lights went off. Somebody informed about the incident to

Ambejogai Police Station and police came to the spot. The

persons, who were involved in the incident, ran away. But some

persons were lying in the injured condition on the spot, when

police arrived to the spot. Prosecution witnesses Bhagwan

Sarawade and Sunil Bade sustained stab injuries to their

abdomen. Prosecution witness Bhimrao also sustained injuries.

Bhimrao was assaulted by Vasant, accused No. 4, who is now

dead.

3.

For some time, there was political rivalry between

aforesaid two fractions and the incident took place due to this

rivalry. One Vishnu Waghchoure was also injured in the incident

Cri. Apeal Nos. 152/95

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and his wife Mandakini gave report about the incident to the

police Station. The crime at Cr. No. 142/92 came to be registered

in the police station on the basis of this