High Court Affirms Convictions in Mohgaon Bhadade Murder, Orders Inquiry Into Hostile Witness for Perjury

A Division Bench of Justices Anil L. Pansare and Raj D. Wakode heard appeals by Balaji and Chandrabhan Kawadkar against the Sessions Court conviction in Sessions Trial No.190 of 2018 for offences under Sections 302, 307 and 323 read with Section 34 of the IPC. The appeals, argued by Shri A. S. Band and Shri R. M. Daga and opposed by Shri N. R. Rode for the State, challenged the trial court’s finding that the appellants jointly assaulted three men on 21 January 2018, resulting in the death of Amol Atalkar and grievous injuries to Vaibhav Kawadkar; the Bench reserved judgment on 15 December 2025 and pronounced its decision on 13 March 2026.

Decision Summary: The High Court dismissed both criminal appeals and upheld the trial court’s conviction and sentences — life imprisonment with fine for the offence under Section 302 read with Section 34, and seven years’ rigorous imprisonment with fine for offences under Section 307 read with Section 34. The Court accepted the medical, audiovisual and ocular evidence as proving that deceased Amol suffered homicidal head injuries and that appellants acted in furtherance of a common intention. The Court, in its reasoning, observed: “Section 34 of the IPC clearly provides that when a criminal act is done by several persons in furtherance of the common intention, each of such persons is liable for that act in the same manner as if it were done by him alone.” The judgment recorded that the post-mortem disclosed head injuries and internal hemorrhage and that video recordings and the testimony of the eye-witness Tilak corroborated the prosecution case: “The cause of death is head injury, which corroborates the aforesaid injuries found on the body of deceased Amol Atalkar.” The Bench further directed initiation of proceedings under Section 195 read with Section 340 CrPC against PW‑5 Vaibhav Prakash Kawadkar for allegedly giving false evidence, observing that it was “expedient in the interest of justice” to authorise the Assistant Registrar to file the complaint.

Background The prosecution alleged that on 21 January 2018 Vaibhav Kawadkar, his friend Amol Atalkar and Tilak (PW‑2) rode to Mohgaon Bhadade to discuss a land dispute with Vaibhav’s uncles Balaji and Chandrabhan Kawadkar. PW‑2 gave eye‑witness evidence that both appellants assaulted Amol and others with a stick and an axe; Amol later died. The police registered Crime No.19 of 2018, investigated, seized a stick and an axe and produced video recordings of on‑spot inquiries made by police constables which recorded the injured naming the accused. Post‑mortem (Exh.54) showed multiple scalp and skull injuries, subdural hematoma and contusions; medical and forensic reports found the seized weapons capable of causing death.

At trial the appellants pleaded alibi and denial, calling two defence witnesses. The trial court relied on PW‑2’s identification, the recorded video statements, medical and scientific evidence, and witness testimony concerning recovery of weapons to convict. Vaibhav (PW‑5), who earlier had named the appellants in statements under Sections 161 and 164 CrPC and on video, turned hostile at trial and denied the accusations; the High Court found his recantation prima facie false and material. While scrutinising hostile testimony, the Court accepted the trial court’s exercise of caution in evaluating PW‑5 and relied on other unimpeached evidence including PW‑4 (the deceased’s wife) and PW‑6 (the constable who made the video recording).

The Bench followed established principles on common intention and caution in dealing with hostile witnesses, and noted Supreme Court authority on court power to initiate proceedings to preserve the purity of the judicial process. The High Court dismissed both appeals, affirmed convictions and sentences, and authorised Shri Prashant Bhorkar, Assistant Registrar, Bombay High Court (Nagpur Bench), to make a complaint to the competent Magistrate under Section 340 CrPC for inquiry into the offence under Section 193 IPC by PW‑5.

Case Details: Case No.: Criminal Appeal No.166 of 2020 & Criminal Appeal No.387 of 2020 NeutralCitation: 2026:BHC-NAG:4244-DB Case Title: Balaji S/o Kashinath Kawadkar v. The State of Maharashtra & Bhavna Amol Atalkar; Chandrabhan S/o Kashinath Kawadkar v. The State of Maharashtra Appearances: For the Petitioner(s): Shri. A. S. Band (for appellant in Criminal Appeal No.166 of 2020); Shri. R. M. Daga (for appellant in Criminal Appeal No.387 of 2020) For the Respondent(s): Shri. N. R. Rode, Additional Public Prosecutor