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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 80 OF 2021
WITH
CRIMINAL APPEAL NO.82 OF 2021
WITH
CRIMINAL APPEAL NO. 672 OF 2024
(Arising out of Impugned Judgement & Order Dated 23.11.2021 Passed by
Learned Additional Sessions Judge, Ambajogai, Dist :- Beed )

RAJKUMAR GYANDEV PUJARI AND OTHERS … APPELLANTS

V/S.
THE STATE OF MAHARASHTRA … RESPONDENT

CHART-I

Role Attributed to Accused Person

PW’s Name of Prosecution Role Attributed In Examination-in-chief a and in cross examination to Accused
Witness
PW-1 Ganesh Sudam Accused No.1- Madan Gyandev Pujari
Gambhire Examination-in-chief
( Eye Witness)  Land Dispute between Madan and Deceased- Vasantrao Karad
 Madan was having Koyta
 Madan gave koyta blow on head of Vasantrao Karad
Cross Examination
 Madan was pointed as Pappu@ mahadeo in examination-in-chief
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Madan was having Koyta (Omission was brought on record)
 Rushed towards us (towards PW-1 and people along with him)
 Gave Koyta blow on head of Vasantrao (Omission to the extent of head)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane and
loading in truck in gut no. 146
 PW-1 knows where Madan stays no other accused person.
Accused No.2- Mahadev Alias Pappu Gyandev Pujari
Examination –In- Chief
 Land Dispute between Madan and Deceased- Vasantrao Karad
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 Mahadev Gave axe blow on head of Vasantrao

Cross Examination
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Rushed towards us (towards PW-1 and people along with him)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane and
loading in truck in gut no. 146
Accused No.3- Rajkumar Gyandev Pujari
Examination -in –Chief
 Land Dispute between Madan and Deceased- Vasantrao Karad
 Gave axe blow on the head of Laxman Gambhire
Cross Examination
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Rushed towards us (towards PW-1 and people along with him)
 Axe blow on head of Laxman gambhire (omission to the extent of ‘on the
head’)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane and
loading in truck in gut no. 146
Accused No.4- Ankush Gyandev Pujari
Examination-in-chief
 Land Dispute between Madan and Deceased- Vasantrao Karad
 Gave Koyta blow on head and face of Laxman Gambhire
Cross Examination
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Rushed towards us (towards PW-1 and people along with him)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane and
loading in truck in gut no. 146
Accused NO.5- Arun Gyandev Pujari
Examination-in-Chief
 Land Dispute between Madan and Deceased- Vasantrao Karad
 Assaulted PW-1 on Chest, Right Elbow, on face and back and PW-2 was
assaulted on both hands by him and also on head and back
Cross Examination
 Arun had sticks with him (Omission Brought on record)
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Assaulted Babasaheb Karad PW-2 on his head and back (Omission)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane and
loading in truck in gut no. 146
 Gut No.137 is ancestral property of Accused Madan
Accused No.6- Baliram Gyandev Pujari
Examination-in-chief
 Land Dispute between Madan and Deceased- Vasantrao Karad
 Assaulted PW-1 on Chest, Right Elbow, on face and back and PW-2 was
assaulted on both hands by him and also on head and back
Cross Examination
 Had Sticks with him (Omission Brought on record)
 Dispute in respect of Bandh (Land Dispute) with Vasantrao
 Rushed towards us (towards PW-1 and people along with him)
(Omission in respect of “rushed towards us)
 Assaulted Babasaheb Karad PW-2 on his head and back (Omission)
 Incident took place in Gut no.137 and 146 and were not cutting sugarcane
and loading in truck in gut no. 146
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PW-2 Babasaheb Accused No.1- Madan Gyandev Pujari

Uttamrao Karad Examination-in-chief
( Eye Witness)  Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 He Assaulted with Koyta to Vasantrao Karad on back and head
 PW-2 can Identify Madan
Cross Examination
 Accused are of Gurav Community
 It is not true to say that accused madan attacked with Koyta on Vasantrao’
head and back (Contradictory statement given by PW-2)
Accused No.2- Mahadev Alias Pappu Gyandev Pujari
Examination-in-chief
 Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 He Assaulted with axe to Vasantrao Karad on back and head
 PW-2 can Identify Mahadev
Cross Examination
 Accused are of Gurav Community
 It is not true to say that accused Mahadev attacked with axe on Vasantrao’
head and back (Contradictory statement given by PW-2)
Accused No.3- Rajkumar Gyandev Pujari
Examination-in-chief
 Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 He Assaulted with axe to Laxman Gambhire
Cross Examination
 Accused are of Gurav Community
 It is not true to say that accused Rajkumar attacked with axe on Laxman’
(Contradictory statement given by PW-2)
Accused No.4- Ankush Gyandev Pujari
Examination-in-chief
 Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 He Assaulted with Koyta to Laxman Gambhire
 PW-2 can Identify Ankush
Cross Examination
 Accused are of Gurav Community
 He Assaulted with Koyta to Laxman Gambhire (Omission)
 It is not true to say that accused Accused attacked with Koyta on Laxman’
(Contradictory statement given by PW-2)
Accused No.5- Arun Gyandev Pujari
Examination-in-chief
 Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 Assaulted PW-2 with sticks on his Head and Hands
 Also Assaulted PW-1
 PW-2 can Identify Arun
Cross Examination
 Accused are of Gurav Community
 He Assaulted PW-2 with Stick (Omission)
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
Assaulted PW-1 with Sticks (Omission)

It is not true that he Assaulted me (PW-2) on head and hand with sticks
(Contradictory statement given by PW-2)
Accused No.6- Baliram Gyandev Pujari
Examination-in-chief
 Field of Vasant Karad Bearing Sr.No.137 where Sugarcane crop was in the
field at that place he was present and cutting sugar cane and loading it on
truck bearing no. 7444
 Assaulted PW-2 with sticks on his Head and Hands
 Also Assaulted PW-1
 PW-2 can Identify Baliram
Cross Examination
 Accused are of Gurav Community
 Assaulted PW-1 with Sticks (Omission)
 It is not true that he Assaulted me (PW-2) on head and hand with sticks
(Contradictory statement given by PW-2)
Contradactory Statement given by PW-2 in Cross Examination against Accused Persons
PW-2- Babasaheb Uttamrao  It is not true to say that on 16.04,2012 Vasant states that there is dispute in
Karad his filed and we went there in my jeep in the field of Vasant bearing gat
no.137 and there was sugarcane crop and accused were cutting sugarcane
and loading in truck no-7444.
 It is not true to say that the accused were armed with sticks and they
attacked us with axes, stick and koyta and we started running.
 It is not true to say that Laxman and Vasant were Unconscious and Ganesh
and Pw-2 were injured and brought to Ambajogai Hospital.

Date : 01.08.2024 ABHAY OSTWAL

Place : Chhatrapati Sambhajinagar (Aurangabad) Advocate for Appellant