1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. Criminal Confirmation Case No. 4/2008. Central Bureau of Investigation (Through D.S.P.,C.B.I.S.C.B. Chennai) Camp at Bhandara. ¼..Appellant. .versus. 1. Sakru Mahagu Binjewar (Original Accused No.2) 2. Shatrughna Isram Dhande (Original Accused No. 3) 3. Vishwanath Hagru Dhande (Original Accused No. 6) 4. Ramu Mangru Dhande (Original Accused No. 7) 5. Jagdish Ratan Mandlekar (Original Accused No. 8) 6. Prabhakar Jaswant Mandlekar (Original Accused No. 9) Respondent Nos. 1 to 6 R/o: Khairlanji District: Bhandara (Maharashtra State). ...Respondents BombayMr. Ejaz Khan, Spl. P.P. ForHigh appellant. Court Mr. Sudip Jaiswal, Advocate for respondent nos. 1,5 and 6. Mr. N.S.Khandewale, Advocate for respondent nos. 2,3 and 4. ::: Downloaded on - 12/09/2013 11:54:42 ::: 2 Criminal Appeal No. 748/2008 1. Shatrughna s/o Isram Dhande Aged about 40 years. Occupation: Agricultural Labourer. (Original accused no. 3) 2. Vishwanath s/o Hagru Dhande Aged 55 years. Occupation: Agricultural Labourer. (Original accused no. 6) 3. Ramu s/o Mangru Dhande Aged 42 years. Occupation; Agricultural Labourer. (Original accused no.7) 4. Shishupal s/o Vishwanath Dhande, aged 20 years. Occupation: Agricultural Labourer. (Original accused no. 11) (All the appellants are R/o: Village Khairlanji, Tah. Mohadi, Distr.Bhandara.) ¼....Appellants. .versus. The Central Bureau of Investigation, through its Dy.S.P., C.B.I., S.C.B., Chennai, Camp at Bhandara. Bombay High¼....Respondent. Court Mr. N.S.Khandewale Advocate for the appellants. Mr. Ejaz Khan, Spl. P.P. for respondent. ::: Downloaded on - 12/09/2013 11:54:42 ::: 3 Criminal Appeal No. 763/2008 1. Gopal Sakru Binjewar Aged about 23 years, Occupation: Cultivator, R/o: Khairlanji, Tahsil Mohadi, District: Bhandara. (Original accused no. 1) 2. Sakru Mahagu Binjewar Aged about 49 years, Occupation: Cultivator, R/o: Khairlanji, Tahsil Mohadi, District: Bhandara. (Original accused no. 2) 3. Jagdish Ratan Mandlekar Aged about 51 years, Occupation: Cultivator, R/o: Khairlanji, Tahsil Mohadi, District: Bhandara. (Original accused no.8) 4. Prabhakar Jaswant Mandlekar Aged about 27 years, Occupation: Cultivator, R/o: Khairlanji, Tahsil Mohadi, District: Bhandara. (Original accused no. 9) ¼....Appellants. .Versus. BombayCentral Bureau of Investigation, High Court through its D.S.P.,, C.B.I., S.C.B. Chennai, Camp at Bhandara. ¼....Respondent. --------------------------------------------------------------------- Mr. Sudeep Jaiswal, Advocate for the appellants. Mr. Ejaz Khan, Spl. P.P. for respondent. ::: Downloaded on - 12/09/2013 11:54:42 ::: 4 Criminal Appeal No. 170/2009 Central Bureau of Investigation, Special Crime Branch, Chennai Camp O/o: SP, CBI, ACB, 3rd Floor, Block ± C, CGO Complex, Seminary Hills, Nagpur Through PSI, CBI, Nagpur. ¼.Appellant. Versus. 1. Gopal Sakru Binjewar, Aged about 23 years, OccupatioN: Labour. 2. Shishupal Vishwanath Dhande, Aged about 23 years, Occupation: Cultivator. All residents of Village Khairlanji, Tah: Mohadi, Distt. Bhandara. ¼.. Respondent. --------------------------------------------------------------------- Mr. Ejaz Khan, SPL, P.P. For the appellant. Mr. Sudeep Jaiswal, Advocate for respondent no.1. Mr. N.S.Khandewale, Advocate for respondent no.2. Criminal Appeal No. 171/2009 Central Bureau of Investigation, Special Crime Branch, Chennai Camp BombayO/o. SP, CBI, ACB, 3 rd Floor,High Court Block -C, CGO Complex, Seminary Hills, Nagpur, Through PSI, CBI, Nagpur. ¼....Appellant. .versus. ::: Downloaded on - 12/09/2013 11:54:42 ::: 5 1. Gopal Sakru Binjewar, Aged about 23 years, Occupation: Labour. 2. Sakru Mahagu Binjewar Aged about 49 years, Occupation; Labour. 3. Shatrughan Isram Dhande, Aged about 40 years, Occupation: Cultivator. 4. Vishwanath Hagru Dhande Aged about 55 years, Occupation: Cultivator. 5. Ramu Mangru Dhande, Aged about 42 years, Occupation: Cultivator. 6. Jugdish Ratan Mandlekar, Aged about 51 years, Occupation: Cultivator. 7. Prabhakar Jaswant Mandlekar, aged abot 27 years, Occupation: Cultivator. 8. Shishupal Vishwanath Dhande, Aged about 23 years, Occupation: Cultivator. All residents of Village Khairlanji, Tah. Mohadi, Distt. Bhandara. Bombay High ¼..Respondents. Court --------------------------------------------------------------------- Mr. Ejaz Khan, SPL. P.P. for appellant. Mr. S.Jaiswal, Advocate for respondents 1,2,6 and 7. Mr. N.S.Khandewale, Advocate for respondents 3,4,5 and 8. ::: Downloaded on - 12/09/2013 11:54:42 ::: 6 CORAM : A.P.LAVANDE & R.C.CHAVAN, JJ DATE OF RESERVING : 29.04.2010 DATE OF PRONOUNCEMENT: 14.07.2010 JUDGMENT (PER A.P.LAVANDE, J) Confirmation Case No. 4/2008 along with connected four appeals are being disposed of by common Judgment since they arose out of the Judgment and order dated 15/24th September, 2008 passed by the Special Court at Bhandara in Special Criminal Case No. 01/2007 filed by Central Bureau of Investigation against eleven accused. 2. All the eleven accused were tried for the offences punishable under Sections 302, 354, 449, 201, 148 read with Section 149, 120-B of the Indian Penal Code and Sections 3(1) (x), 3(1) (xi), 3(2) (v) and 3(2) (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, 1989. By the impugned Judgment accused nos. 1 to 3; 6 to 9 Bombayand 11 have been convicted High and sentenced Courtfor different offences and accused nos. 4,5 and 10 have been acquitted of all the offences for which they have been charged. The details of conviction and sentences imposed on accused nos. 1 to 3, 6 to 9 and 11 are as under: ::: Downloaded on - 12/09/2013 11:54:42 ::: 7 Accused Sections Sentence nos. 1 to 3, 6 to 9 302 r/w 149 Imprisonment for life and and 11. for murder payment of fine of Rs.2000/- of Surekha each i/d to undergo S.I. for six months each. 2,3,6 and 9 302 r/w 149 Sentenced to death i.e. for murder hang by neck till death and of Sudhir payment of fine of Rs.2000/- each i/d to undergo S.I. for six months each. 1 and 11 302 r/w 149 Imprisonment for life and for murder payment of fine of Rs.2000/- of Sudhir each i/d to undergo S.I. for six months each. 2,3 & 6 to 9 302 r/w 149 Sentenced to death i.e. for murder hang by neck till death and of Roshan payment of fine of Rs.2000/- each i/d to undergo S.I. for six months each. 1 and 11 302 r/w 149 Imprisonment for life and for murder payment of fine of Rs.2000/- of Roshan each i/d to undergo S.I. for six months each. 2,3 & 6 to 9 302 r/w 149 Sentenced to death i.e. for murder hang by neck till death and Bombay of Priyanka High payment of fine Court of Rs.2000/- each i/d to undergo S.I. for six months each. 1 and 11 302 r/w 149 Imprisonment for life and for murder payment of fine of Rs.2000/- of Priyanka each i/d to undergo S.I. for six months each. ::: Downloaded on - 12/09/2013 11:54:42 ::: 8 1 to 3 and 148 r/w 149 R.I. for three years and to 6 to 9 & 11 pay fine of Rs.1000/- each i/d to S.I. for three months each. 3. Confirmation Case No. 4/2008 arises out of death sentence imposed on accused nos. 2,3,6,7,8 and 9; Criminal Appeal No. 763/2008 has been filed by original accused nos. 1,2,8 and 9 challenging the conviction and sentences imposed on them; Criminal Appeal No. 748/08 has been preferred by the original accused nos. 3,6,7 and 11 challenging the conviction and sentences imposed on them; Criminal Appeal No. 170/09 has been preferred by Central Bureau of Investigation under Section 377 of the Indian Penal Code, aggrieved by inadequacy of sentences imposed on accused nos. 1 and 11 and Criminal Appeal No. 171/09 has been preferred by Central Bureau of BombayInvestigation challenging High acquittal of accused nos.Court 1 to 3, 6 to 9 and 11 for the offences punishable under sections 3(1) (x), 3(1)(xi), 3(2) (v) and 3(2) (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. For the sake of convenience, the accused shall hereinafter ::: Downloaded on - 12/09/2013 11:54:42 ::: 9 be referred to as per their status before the trial court. 4. Briefly, the case of the prosecution is as follows: Informant Bhaiyyalal Bhotmange (P.W.17) was residing at outskirts of Khairlanji village called as ©Toli© with his wife Surekha and sons Sudhir and Roshan and daughter Priyanka. They belong to Mahar caste (scheduled caste). Sidharth Gajbhiye (P.W.11) Police Patil of nearby village Dhusala is their family friend. 5. On 13.9.2006 Siddharth Gajbhiye came to the house of Bhaiyyalal Bhotmange in the morning. Accused No. 2 Sakru met Siddharth Gajbhiye and demanded back wages on account of which there was a dispute between them. Sidharth slapped Sakru. On the very day in the evening when Sidharth was proceedings towards Kandri he Bombaywas assaulted by some High villagers. On hearing Courtthe news of assault Surekha Bhotmange and Priyanka rushed there and brought Sidharth to their house. After two days Sidharth lodged report at Andhalgaon Police Station pursuant to which Crime No. 52/06 was registered. Surekha Bhotmange ::: Downloaded on - 12/09/2013 11:54:42 ::: 10 gave statement identifying the persons/ accused who assaulted Siddharth pursuant to which attackers were arrested. On 29.9.2006 all the accused in Crime No. 52/06 were released on bail. 6. On 29.9.2006 at about 6 to 6.30 p.m.