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1. In Sessions Case No. 25/1999, Bharat Salve, aged 36 years, a Headmaster and Tukaram Jadhav, aged 52 years, a President of educational institute, were prosecuted for committing murder of one Sanjay S. Kshirsagar (hereinafter referred to as "SSK") by inflicting a blow of tocha on his chest and voluntarily causing simple hurt by tocha on hands and legs and for intentionally insulting in order to provoke breach of peace and criminally intimidating the witnesses being offences punishable u/s 302 r/w 34, 324/34, 323/34, 504/34, 506/34 of IPC. By judgment dt. 31.08.2001, ld. Addl. Sessions Judge, Hingoli convicted accused no. 1 - Bharat u/s 302/34 IPC and 3 APEAL374.2001 & ors sentenced him to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/-, in default, RI for six months. He was further convicted u/s 324 IPC and sentenced to suffer RI for one year. He was further convicted u/s 506 IPC and sentenced to suffer RI for six months. By the said judgment, accused no. 2 - Tukaram Jadhav was convicted u/s 326/34 IPC and sentenced to suffer RI for five years and to pay fine of Rs. 500/-, in default, RI for six months. He was further convicted u/s 323/34 IPC and sentenced to suffer SI till rising of the court and to pay fine of Rs.500/-, in default, RI for three months months. He was further convicted u/s 506/34 IPC and sentenced to undergo RI for six months.

4 APEAL374.2001 & ors

4. The prosecution was initiated on the basis of FIR lodged by PW7 Sanjay Takalgavankar, the complainant (hereinafter referred to as "PW7-Sanjay T") on 18.11.1998 at 06:30 p.m. at Hingoli Police Station and on the basis of the same, crime was registered at C.R. No.146/1998 for offence u/s 302, 324, 323, 504, 506 r/w 34 IPC. As per FIR, Tukaram-A2 was the President of educational institution, which was running Vidyasagar Vidyalaya at Khanapur Chitta, of which Bharat-A1 was Headmaster. PW7- Sanjay T as well as deceased SSK and some other witnesses were working there as teachers. In the FIR, it was alleged that, Tukaram-A2 had obtained signatures of the teachers on blank cheques and those were encashed by him. When PW7-Sanjay T & other teachers told Tukaram-A2 that they would encash their own cheques, Tukaram-A2 threatened several times to dismiss them from service. Hence the teachers made complaint to the Education Officer and also went on hunger strike. On 18.11.1998 at 08:30 a.m., deceased SSK, PW7-Sanjay T, Malkar, Subhash Suryawanshi and one Shelke, all teachers were proceeding to the school in auto-rickshaw at Nanded Naka. Both the accused met them. The teachers made inquiry with the accused as to what had happened with their service book. That time, accused nos. 1 and 2 challenged them and asked whether they were owners of the school and that 5 APEAL374.2001 & ors they could not cause any loss to them. Thereafter, all the teachers joined the school and on that day one another teacher by name Subhash Tale received by post a notice of termination of his services. He brought this fact to the notice of all the teachers. Hence, in the recess, the teachers met the President Tukaram-A2. The President challenged them that they could do whatever they wanted. After the closure of the school, the teachers sent one teacher Shelke to Police Station and thereafter PW7-Sanjay T, deceased - SSK, Subhash Tale, Sudhakar Malkar, Subhash Suryawanshi were proceeding in Auto- rickshaw at 4:45 p.m. They got down at Nanded Naka in Hngoli and were waiting for arrival of other teachers. That time, both the accused came there in auto-rickshaw and got down in front of them. The teachers made inquiry with both the accused why Mr Tale was terminated. Then both the accused challenged them and rushed at them to assault. Then the other teachers held them and when one of the teachers Subhash Suryawanshi came forward to rescue, Tukaram- A2 assaulted him. Then Tukaram-A2 held deceased-SSK and Bharat- A1 inflicted a blow of tocha. Deceased-SSK raised shouts and fell down. PW7- Sanjay T requested the Headmaster Bharat-A1 not to assault, then he inflicted a blow of tocha on his left hand palm on both the sides and also on his stomach. PW7-Takalgavankar raised shouts. Teachers and several persons gathered there. When the 6 APEAL374.2001 & ors teachers were trying to control the President by holding him, he tried to run away and he fell down and sustained trauma. PW7-Sanjay T and Subhash Suryawanshi reported the matter to the police that both the accused killed SSK and had also intimidated them. PW7 lodged FIR Exh. 115 at 06:30 p.m.

Both the chambers of the Heart were found empty.

19 APEAL374.2001 & ors

14. It is obvious that, injuries no. 4 and 5 abrasions to left knee and right nostril are insignificant. The small laceration on left scapula 0.3 x 0.3 x 0.4 cm by sharp object is significant only for the purpose of showing use of a pointed object. Injury no. 1 was fatal injury. It is a stab wound of the size 0.3 x 0.3 cm with depth of 8 cm. It has punctured the right lung and right atrium and the internal examination showed that it had also punctured right plura, lung and pericardium. The PM notes at Exh. 182 discloses the cause of death as the death occurred due to cardio-respirary arrest, due to injury to heart. There is no dispute that SSK sustained injury at the time of incident at about 5:00 to 5:30 p.m. at Nanded Naka, Hingoli. It was a punctured wound and as a result of said injury, he has died instant death. The evidence of Medical Officer discloses these facts and those are not in dispute. The only question is how the punctured wound was caused to SSK. According to evidence of PW7-Sanjay T and PW10 Suryawanshi, accused no. 1 at the time of incident inflicted two blows of tocha (in fact it is not a tocha, it is having a hole and it is a piercing instrument used for stitching gunny bags). It is about 8 cm in length. According to the defence, 7 teachers including PW7 & PW10 were assaulting accused nos. 1 and 2 and during the assault, PW7 gave a kick to accused no. 1 which accidentally hit SSK on his waist and SSK fell on pointed nails fixed 20 APEAL374.2001 & ors in the wooden logs and has thereby died. The suggestions to that effect made to the witnesses are denied by PW7 & PW10.

15. In view of the above facts, the issue whether it was a homicidal death or not and whether both the accused were involved in commission of murder or not will have to be decided together. Point No. 2 : Whether A1 & A2 committed murder.

16. The unchallenged evidence on record shows that, Tukaram- A2 was the President of the trust who was running a school by name Vidyasagar Vidyalaya at Khanapur Chitta, Tq. Hingoli, which is about 6-7 kms. away from Hingoli. Bharat-A1 was Headmaster. The school was having 20 teachers, one Headmaster, four peons and one clerk. It is not in dispute that the management in the form of accused no. 2 as a President and accused No. 1 as a Headmaster was in conflict with seven teachers namely PW7-Sanjay T, PW10 Subhash Suryawanshi, deceased SSK, Subhash Tale (who was terminated on the date of incident) and Shelke, Ambhore and Malkar. It is necessary to bring on record the nature of allegations made by them against each other and the documentary record to that effect.