JABBAR RAJAKHAN MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr Hudlikar for the accused/appellants and mr Shringapure, APP tor the State/respondents

(2.) ORIGINAL accused Nos 123 and 5 have filed this appeal against then conviction and sentence under section 302 of the Indian Penal Code and under other offences as per the judgment of conviction passed by Additional sessions judge, Solapur, (P S Darvekar on 4/11/1995 Originally there were five accused but accused No 4 was acquitted of the offences, and therefore, this appeal was preferred by remaining convicted accused Nos 1,2,3 and 5

(3.) THE prosecution case, in brief, is as under that victim Nagnath Bhagwan Kamble was an engineer in M S E B and pwno 6 Ananda Kshirsagar and one Bhagwat Kshirsagar were his helpers or line-men, working under him According to the prosecution, these three persons on 24th September 1994 went to the Dhaba of Accused No 1 on a motor cycle of deceased Nagnath Kamole at around midnight There they consumed liquor and took dinner and left the Dhaba without paying charges or the motor cycle of the deceased According to the prosecution, accused Nos 1 and 2 along with others chased deceased in a truck up to a mile stone No 9 They found that motorcycle of the deceased was stopped on the road These accused, therefore, got down from the truck They had iron bars and stick with them and they assaulted Nagnath, pwno 6 Ananda and Bhagwat and it is this assault in which Nagnath died