Case: Waman  Vs. State Of Maharashtra

(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-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.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 to A-6 and A-12 were also convicted under Sections 147 and 148 of IPC but acquitted of the offences punishable under Section 323 r/w 149 of IPC. A-13 being a juvenile offender, her trial was forwarded to the juvenile court. A-8 died after framing of charge and trial against her got abated.e) Aggrieved by the order dated 22.08.2002 of the trial Court, A-1 to A-6 and A-12 preferred an appeal before the Division Bench of the High Court of Judicature at Bombay. The Division Bench, by impugned judgment and order dated 15.03.2007, dismissed the appeal of the appellants and affirmed the order dated 22.08.2002 passed the Additional Sessions Judge, Gondiya.f) Aggrieved by the said decision, A-4 to A-6 and A-12 only filed this appeal by way of special leave petition before this Court.

Reasoning:
The incident took place on 29.10.2000. The complainant and others were working in the field. At that time, Atmaram Bohare and Suresh Bohare (the deceased persons) were also in the field at the place of incident. At about 12:30 p.m., Govardhan (A-1) was standing on the road side and the deceased persons were going home. They had a long standing land and water dispute. On hearing something from A-1 all the other accused rushed there and started abusing and beating the two victims. According to the prosecution, all the accused persons were armed with various weapons and they gave blows on the victims. Due to this incident, both Atmaram Bohare and Suresh Bohare sustained serious injuries and they fell down on the ground. According to the prosecution, the incident was witnessed by Kamlabai Bohare PW-1, Kusmanbai Bohare PW-2, Pushpabai Bohare PW-3 and Sakhubai Rakhade PW-4. PW-1 is wife of Atmaram Bohare (since deceased), PW-2 is wife of Suresh Bohare (since deceased), PW-3 is daughter-in-law of Atmaram Bohare, PW-4 though claimed as an independent witness, is sister-in-law of Pushpabai Bohare (PW-3). It is the case of the prosecution that all the above mentioned 4 persons (PWs 1-4) witnessed the occurrence of the incident. It is true that all 4 are related to the family of the deceased. Now, let us consider their evidence and acceptability which was relied on by the trial Court and affirmed by the Highis true that no weapon was recovered from A-12 but prosecution witnesses implicated him for causing fatal injuries along with the other accused persons. Considering the evidence of PWs. 1-4, weapons seized from various accused, incised wounds on different body parts coupled with medical evidence clearly implicate A-12 also in the commission of murder. It is not the case of solitary blow but number of blows by various accused hence the intention and knowledge to cause death has been amply demonstrated and proved.29) Even otherwise, A-12 was also charged under Section 149 IPC as a member of unlawful assembly with the requisite common object and knowledge. Inasmuch as the prosecution evidence insofar as women accused are not cogent, their acquittal cannot be applied to A-12 who was in the company of A-1 to A-6. As mentioned above, apart from conviction under Section 302 Dilip A-12 was convicted under Section 149. Section 149 creates a specific offence and deals with punishment of the offence. Only thing whenever the court convicts any person or persons of any offence with the aid of Section 149, a clear finding regarding the common object of the assembly must be given and the evidence disclosed must show not only the nature of the common object but also that the object was unlawful. In order to attract Section 149 it must be shown that the incriminating act was done to accomplish the common object of unlawful assembly. It must be within the knowledge of the other members as one likely to be committed in prosecution of common object. If members of the assembly knew or were aware of the likelihood of a particular offence being committed in prosecution of a common object, they would be liable for the same under Section 149. The trial Judge on thorough analysis held that the prosecution has made out a case against the accused-appellants not only under Section 302 read with Section 149, the prosecution has very well established offences punishable under Section 147, 148 and the accused A-1 to A-6 including A-12 used force and violence being members of unlawful assembly in prosecution of common object of causing death of Suresh Bohare and Atmaram Bohare. The deadly weapons in their hands were axes, farshas, sticks, iron pipe etc. Though there is no recovery of weapon from Dilip A-12 but weapons have been recovered from other accused and prosecution witnesses have asserted that Dilip A-12 gave blow of iron pipe on Atmaram. The said iron pipe was recovered from the house of Mahadeo which also proved that A-12 had participated in the offence with such weapon and therefore he was rightly punished along with other accused Nos. 1-6 under Section 148 for committing offence of rioting armed with deadly weapons.30) We are satisfied that the prosecution has established long standing land and water dispute among the deceased and the accused, the evidence of eye-witnesses PWs.1-4 are acceptable, contradictions are trivial in nature and medical evidence corroborate the assertion of prosecution witnesses. All those materials were correctly analysed and accepted by the trial Court and affirmed by the High Court. On perusal of all the above said materials, we agree with the said conclusion. In those circumstances, interference by this Court under Article 136 is not warranted.