Ramesh Baburao Devaskar & Ors vs State Of Maharashtra

There were two groups in the village; one belonging to Sarjerao Patil and the other known as Mahipati Shankarrao Bondre (Accused No. 4) group. Brother of the Accused No. 4 was an M.L.A. He was also a former Minister. In a municipal election which took place between the first informant and one Nagoji Patil, Sarjerao Patil was elected. Bitterness between the two groups came to such a pass that the brother of one Bindu More (Accused No. 9) was murdered. Accused No. 4 Mahipati Shankarrao Bondre was the first informant in that case. There was bad blood between the two groups. In the murder case of the brother of Accused No. 9, the deceased Shivaji was granted bail. The accused allegedly intended to take revenge thereof.

2. On the fateful day, viz., at about 10 Oclock on 21.10.1993, PW-11 Subhash Pandurang Kalke was taking his cart to bring grass from the land of one Rajaram Patil. On his way, he met his friend PW-12 Sanjay Laxman Belgaonkar. PW-11 asked PW-12 to accompany him. He promised to come later as he was to deliver medicine at his house.

3. While PW-11 was coming back after loading the grass in his cart, at or near the place of occurrence, Shivaji Patil and Baburao Patil who were coming on a motorcycle overtook him. Accused persons, who were 11 in number, had allegedly been waiting for them. They were accosted by the accused persons. The accused persons formed a threatening semi-circle around them. Accused No. 9 Bindu More exhorted others to assault but he himself inflicted vital injuries upon Shivaji Patil. Baburao Patil intervened. He was also threatened. He started running away from the scene of occurrence. He was chased. PWs 11 and 12 seeing them chasing Baburao hid themselves nearby in a sugarcane field. Baburao Patil was found murdered in front of the house of Sou Padma (PW-14). Babasaheb, brother of the deceased (PW-9) Shivaji Patil who was also coming back from his village along with others found his brother murdered. PW-11 informed him about the details of the incident. He came to his house and informed his sister-in-law. She in turn asked PW-10 Sadashiva to go to the Corporation Office and inform about the incident to the first informant PW-13. PW-13 reached the police station at about 12.30 p.m. He allegedly did not furnish the details of the incident. He only named Accused No. 9. He disclosed that PW-16 Vijay that murders of Shivaji Patil and Baburao Patil have been committed. He was asked to furnish details of the incident. He did not do so. He asked PW-16 (I.O.) to come to the place of occurrence. An entry of the said information was made in the station diary. PW-16 came to the place of occurrence with PW-13. The details of incident were narrated to PW-9 by one of the alleged eye-witness, viz., PW-11, on the basis whereof the First Information Report was lodged at the spot.

4. The First Information Report was lodged at about 2.15 p.m. In the First Information Report, nine persons were named as accused. It, however, reached the Court of the Magistrate only on 25.10.1993. Before the learned Sessions Judge, a large number of witnesses were examined. PWs 11 and 12 were eye-witnesses. Relying on or on the basis of their testimonies before the Court as also the testimonies of other witnesses, the learned Sessions Judge passed a judgment of conviction against Accused Nos. 1, 2, 3, 5, 6, 7, 9 and 11 and acquitted Accused Nos. 4, 8 and 10. Appeals were preferred thereagainst by the appellants. A revision application was also filed by Sarjerao Patil against the judgment and order questioning acquittal of Accused Nos. 4, 8 and 10.

thought. It was ante-timed and ante-dated. In any event it was hit by Section 161 of the Indian Penal Code as despite knowledge of all the details of the incident were known to the first informant PW-9, he did not furnish the same and lodged another report at the spot.

(iv) The investigating officer examined them at the police station and not at the place of occurrence.

witness, it was not possible for him to give details of the incident. He, being concerned with the murder of his brother Shivaji and Baburao, thought it fit to ask the investigating officer to come to the place of occurrence. The First Information Report was recorded upon obtaining the details of incident from PW-11. The statement given by him before the officer incharge of Karvir Police Station cannot be said to be a First Information Report and the one recorded at the place of occurrence had rightly been accepted as the First Information Report.

24. As it is difficult for us to rely upon the testimonies of PWs 11 and 12 and for other reasons enumerated hereinbefore, we are of the view that it would be hazardous to record a judgment of conviction in this case.

25. These appeals are allowed. Appellants are set at liberty unless wanted in connection with any other case.