REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 364 OF 2009

Waman & Ors.

.... Appellant(s)

Versus

State of Maharashtra

.... Respondent(s)

J U D G M E N T

P. Sathasivam, J.

1)

This appeal is filed against the final judgment and order

dated 15.03.2007 passed by the Division Bench of the High

Court of Judicature at Bombay, Nagpur Bench, Nagpur in

Criminal Appeal No. 521 of 2002 whereby the High Court

dismissed the appeal of the appellants herein and confirmed

the order dated 22.08.2002 passed by the Additional Sessions

Judge, Gondiya convicting the accused persons under various

Sections of Indian Penal Code (hereinafter referred to as “IPC”).

1

2)

Brief facts:

(a)

On 29.10.2000 at about 12:30 p.m., Kamalabai Atmaram

Bohare (PW-1), Kusmanbai Suresh Bohare (PW-2) and

Pushpabai Ramesh Bohare (PW-3) were working in their fields

situated at village Shivantola. At that time, Atmaram Bohare

and Suresh Bohare (deceased persons) were also present

there. Gowardhan (A-1) was also standing on the road side.

Suresh Bohare and Atmaram Bohare after putting paddy at

the threshing machine were coming back to their home. When

they reached near the D.P. of electricity situated in the land of

Kamalabai, Gowardhan (A-1) passed a comment on them and

a quarrel between the parties took place. Immediately after

starting of quarrel, A-2 to A-13 rushed there with weapons

and started assaulting Suresh Bohare and Atmaram Bohare.

b)

Gowardhan (A-1) was having Farsha and he gave a blow

of it on the leg of Suresh Bohare. Mahadeo( A-2) who

possessed sword gave a blow of it on the leg of Suresh Bohare.

Abhiman (A-3), who was having an axe in his hand gave a

blow on the back of Suresh Bohare. Kalpanabai (A-11), gave a

blow of spade on the head of Suresh Bohare. Pramilabai (A-

2

10) who was having stick also beat Suresh with it. At the

same time, Manoj (A-5) and Waman (A-4) who were having axe

in their hands, gave blows on the head of Atmaram. During

this, Jaipal (A-6) and Kantabai (A-8) gave an axe blow and

stick blow respectively to Atmaram. Shantabai (A-7) and

Parvatabai (A-9) gave scissors blow on the mouth of Atmaram.

Due to this sudden attack by the accused persons, Suresh

Bohare and Atmaram Bohare sustained serious injuries and

they fell down on the ground. On hearing the commotion, PWs

1-3 and one Sakhubai Rakhade (PW-4) rushed towards the

place of incident. The accused persons fled away. Suresh and

Atmaram were brought to home and were taken to Amagaon

Hospital from where they were immediately shifted to KTS

Hospital at Gondiya. The doctor on duty declared Suresh

brought dead and after sometime Atmaram also died in the

hospital. On the oral complaint of Kamlabai (PW-1), a case

with FIR No. 183/2000 was registered on 29.10.2000 against

13 accused persons under Sections 147, 148, 302 r/w 149,

323 r/w 149 and 447 r/w 149 of IPC.

3

c)

During the course of investigation, the accused persons

were arrested and various weapons were recovered at their

instance. After completion of investigation, they were charge

sheeted.

d)

After examining the witnesses, the Additional Sessions

Judge, Gondiya vide his order dated 22.08.2002, acquitted A-

7, A-9, A-10 and A-11 of the offences punishable under

Sections 302, 447 and 323 r/w 149 of the IPC and Sections

147 and 148 of IPC and convicted A-1 to A-6 and A-12 for the

offences punishable under Section 302 r/w 149 IPC and

awarded life imprisonment with a fine of Rs. 1000/- in default

to suffer rigorous imprisonment for one month.

Each of

them were also convicted for the offences punishable under

Section 447 r/w 149 of IPC and were directed to suffer

rigorous imprisonment for one month and to pay a fine of Rs.

200/- each in default to suffer rigorous imprisonment for 7

days. A-1