Advocates:
RAVINDRA KESHAVRAO ADSUREKAILASH CHAND

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CASE NO.:

Appeal (crl.) 124 of 2003

PETITIONER:

State of Maharashtra

RESPONDENT:

Vs.

Kashirao & Ors.

DATE OF JUDGMENT: 27/08/2003

BENCH:

DORAISWAMY RAJU & ARIJIT PASAYAT.

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

On 27.12.1987 Subhash Warankar (hereinafter referred to as the

’deceased’) lost his life and Pundlik (PW-1) was seriously injured.

Allegedly, the respondents were the assailants. The Additional Sessions

Judge, Amravati found them guilty of offences punishable under Sections

302, 307, 147, 148, 452 read with Section 149 of the Indian Penal Code,

1860 (in short the ’IPC’). Each was sentenced to undergo imprisonment

for life and three years for the offences relatable with Section 302

read with Section 149 and Section 307 read with Section 149 IPC

respectively. One person, namely, Mohan was tried along with the

respondents. Since he died during the pendency of the trial the matter

was abated so far as he is concerned.

Factual scenario according to the prosecution is as follows:

Relationship between Pundlik (PW-1) and respondent-accused No.1

Kashirao was strained since a long time. Originally, Pundlik (PW-1)

used to stay in a village Dhamori but he shifted his residence to

another village along with family members about one year before the

date of incident. On the date of incident when Gangadhar (PW-2),

Jayawant (PW-5) and Charandas (PW-6) and the deceased were going to

village Dhamori in an auto-rickshaw, PW-1 was standing and he enquired

from them as to where they were going and when he learnt that they were

going to Dhamori he also accompanied them and all of them reached there

at about 5.00 p.m. They went to the house of father-in-law of Gangadhar

(PW-2) who was the Sarpanch of the village. They rested there for some

time. Thereafter, PW-1 went to the weekly market along with Jayawant

(PW-5), Charandas (PW-6) and the deceased. Father of PW-1 met him at

the market and PW-1 told his father to purchase mutton so that he could

entertain his friends at night. Thereafter, he along with his friends

returned to his house. PW-1 told his mother to prepare meat for his

friends and asked PWs 5 and 6 to go to the house of Raghunath (PW-3)

and invite Gangadhar (PW-2) for the feast. House of accused-respondent

no.1 is at a short distance from the house of PW-1. All the accused

persons came together and assembled near the house of PW-1 and they

were all armed with deadly weapons. They proceeded towards the house

of PW-1 with the common object of killing PW-1 and his friends.

At about 6.30 p.m. accused Kashirao along with other accused persons

and the deceased accused formed an unlawful assembly to cause death of

PW-1 and his friends. Accused No.1-Kashirao was armed with sword, Mohan

was armed with an axe and other accused persons were armed with lathis.

All the accused persons hurled stones at the house of Pundlik (PW-1)

and threatened to kill him and his friends. When the deceased tried to

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escape from the rear door being afraid of assaults, the accused persons

chased him and assaulted him with deadly weapons and committed his

murder. Thereafter, they came back to the house of PW-1, pelted stones

and when he ran away to save his life, the accused persons chased him

and gave blows. As a result of the assaults given, left arm of PW-1 was

severed and injuries were caused on his right arm. Another friend of

PW-1 Jayawant (PW-5) was also chased, but he successfully managed to

escape by getting into a State transport bus. On coming back to the

house of PW-1, they shouted that they had killed one person from

Amravati, others had run away and now they would kill PW-1. PW-1 tried

to save himself by throwing tiles from the roof but he did not succeed

and there