LALA @ ANURAG PRAKASH AASRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Huzefa Ahmadi, the learned Senior Counsel on behalf of the Appellant. The Respondent, State of Maharashtra, is represented by Mr Sachin Patil, the learned Advocate on Record.

(2.) The present Appeal is directed against the analogous judgment dated 09.05.2014, whereby, inter alia, the Crl. Appeal No.236/2011 was dismissed and the conviction of the appellant u/S 302, 120B, 147, 148 and Section 324 of the Indian Penal Code was upheld.

(3.) According to the prosecution, at around 9.45 pm on 22.01.2009, the deceased Balu Mandpe was chit chatting with his friends in front of his house at a street corner. At that time, 10/12 persons arrived there on two wheelers and hurled abuse at Balu. The group then started assaulting Balu with sharp edged weapons such as sword, knives, khanjar and farsa, and after causing grievous injuries, the attackers drove away. Balu sustained grievous injuries. Within few minutes of the occurrence, Arun Pohankar, who too was injured in the assault, reported the incident to Imamwada Police Station, where many of the assailants were named or described by appearance. The friends rushed injured Balu to the nearby medical hospital where, he was declared dead. In the FIR, the PW1 had not named the present appellant but had named, Kunal Tagde (A1), Vinod Thakre (A2), Rajput @ Nabut (A3), Sachin Ingle (A4), Ameet Gujar (A5), Shekhar @ Husnya (A8) in the larger group describing one of the attackers by his build and appearance. On the basis of the Complaint, the Crime No. 6/2009 was registered u/s 147, 148, 149, 302, 120B of the Indian Penal Code (IPC). The police investigation commenced, and the Investigating Officer (IO) (PW11) immediately visited the spot and prepared Spot Panchnama and recorded statement of the witnesses. On conclusion of investigation, Chargesheet was filed and thereafter, the case was committed to the Sessions Court at Nagpur. The nine accused, including the appellant Lala @ Anurag Prakash Aasre faced trial in the Sessions Trial no. 232/2009 on charges drawn up for offences relatable to Sections 147, 148, 149, 302, 324, 120B of the IPC. The defense of the Accused is one of total denial.