Eknath Ganpat Aher & Ors vs State Of Maharashtra & Ors

6. Before we proceed to discuss the issues that arise for our consideration, it would be relevant and appropriate to recapitulate the facts out of which the present appeals arise.

8. A criminal case [FIR Crime No. 138/2003 - Exh.138] was registered on 12.09.2003 on the basis of the complaint of one Bajirao Bhaguji Zavare [PW2]. The said complaint was recorded by Mohan Bankar [PW-12], P.S.I. attached to the Police Station, Parner who has stated that prior to the recording of the aforesaid complaint of PW-2, information was received on telephone by the Parner Police Station from the Kotwali Police Station, Ahmednagar regarding the admission of injured and the deceased in the hospital of Dr. Deshpande. On receipt of the said information, PW-12 immediately rushed to the said hospital. On reaching the hospital, he had drawn the inquest panchnama of the two dead bodies of deceased Balasaheb Rambhau Salunke and Vilas Rambhau Salunke, who had died in the meantime. In the said hospital, he also recorded the complaint of PW- 4 2 and thereafter he returned to the Police Station whereafter the aforesaid FIR was registered.

10.It is alleged that on 12.09.2003 at about 10.00 a.m. complainant Bajirao Bhaguji Zavare along with Balasaheb Rambhau, Vilas Rambhau, Ratanbai Sulbha, Kantabai, Pandurang Maruti Hingade and others went to the land Gat No. 170 for removing tomato plants and grass for cleaning the lands. At about 1.00 p.m., a mob of about 75- 100 persons of Kamatwadi came on the top of north side hill situated adjacent to land Gant No. 170. It is alleged that the members of the said mob while scaling down the hill also pelted stones, upon which, the members of the complainant party started running to save their lives. They were chased by the accused persons and thereafter it is alleged that the accused persons beat up the members of the complainant party by sticks, iron rods and swords and thereby seriously injuring Balasaheb Rambhau Salunke, 6 Vilas Rambhau Salunke and some other persons belonging to the complainant party. All the aforesaid injured persons were rushed to the hospital where Balasaheb Rambhau Salunke and Vilas Rambhau Salunke were pronounced dead whereas the rest of the injured persons were admitted as indoor patients. It is also to be noted that a number of accused persons, namely, A-7, A- 10, A-12, A-13, A-20, A-23, A-25, A-27, A-28, A-31, A-33, A-34, A-35 & A-36 received different kinds of injuries including grievous injuries on the vital parts. It is also alleged that Bajirao Bhaguji Zavare [PW2], Pandurang Maruti Hingade [PW-5], Sulbha Vilas Salunke [PW-8] and Rathan w/o Balasaheb Salunke [PW-9] were eye-witnesses to the said occurrence. Apart from the aforesaid injured eye-witnesses, several other members of the complainant party namely, Janabai Hingade, Babaji Hingade, Uttam Hingade, Zumberbai Pandurang Hingade were also injured.

24. Consequently, we allow both the appeals and set aside the order of conviction and sentence passed against the appellants herein and acquit them giving them the benefit of doubt. The appellants accused shall be released forthwith unless they are required in some other case and those who are on bail, their bail bonds shall stand discharged.

............................................J [V.S. Sirpurkar] ............................................J [Dr. Mukundakam Sharma] New Delhi May 7, 2010.