LAWS(SC)-2004-12-42

BABULAL BHAGWAN KHANDARE Vs. STATE OF MAHARASHTRA

Decided On December 02, 2004
BABULAL BHAGWAN KHANDARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Appellants question correctness of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench upholding their conviction for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). For the former offence each was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/- with default stipulation and seven years rigorous imprisonment and a fine of Rs. 500/- with default stipulation for the latter offence. One Sau Kamal wife of appellant Babulal Khandare was acquitted of all the offences with which she was charged. The appellants were, however, acquitted of the offence of alleged attempt to commit murder of Dinkar Shivaji Wankhede.

(3.) Prosecution version as unfolded during trial is essentially as follows: Deceased Shivaji Natthu Wankhede was the husband of Complainant Vatchalabai (PW-1). Deceased Madhukar Daulat Wankhede and Ramesh Ganpat Wankhede were the nephews of Shivaji and Vatchalabi. Injured Sudhakar (PW-5) is the brother-in-law of Vatchalabai and deceased Shivaji. The houses of the accused persons are situated near the house of complainant Vatchalabi. The accused persons are cobblers and they use Suri (a kind of knife) and Rapi for cutting the skin of cattle required for preparing foot wear.