SANJAY UPADHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order rendered by the Additional Sessions Judge, Ambajogai, District Beed on 18-4-2007, convicting appellant Nos. 1 and 2 herein for the offence punishable under sections 302 read with 34 of the Indian Penal Code and sentencing them to undergo the term for life imprisonment and to pay a fine of Rs.2,000/- each, in default of payment of fine amount to suffer R.I. for six months; and also convicting appellant Nos. 1 and 2 for the offences punishable under sections 394 read with 34 of the Indian Penal Code and sentencing them to undergo R.I. for five years and to pay a fine of Rs. 1,000/- each, in default of payment of fine amount to suffer R.I for three months.

(2.) The factual matrix are summarized as under:- It is the case of the prosecution that PW9 PSI Shankar Harale was attached to Shirsala police station at the relevant time i.e. in the month of October, 2004 and on 23-10-2004 at about 8.00 p.m. to 9.00 p.m., on receipt of a telephonic call from Parli (R) police station about the murder and that dead body was lying in the vicinity of Waka shivar, he along with police staff visited Waka shivar and found one dead body of a person, namely Bapu Rustum Salgar near tower line and about 10 people were present near the said dead body. PW9 PSI Shankar Harale deputed a constable there and made inquiry and recorded the complaint/report (Exh.27) of PW1 Ganpati Salgar in police station Shirsala at about 3.00 a.m. on 24-10-2004 under C.R. No. 73 of 2004.

(3.) The contents of the said complaint reveal that the complainant Ganpati and victim Bapu Salgar are brothers of each other and on 23-10-2004 at about 3.00 p.m. deceased Bapu Salgar borrowed Rs, 500/- from the complainant PW1 Ganpati and he had already amount of Rs.400/- with him and accordingly he possessed total Rs. 900/-. Thereafter at about 6.00 p.m. to 6.30 p.m. the victim Bapu Salgar proceeded towards the village on a rented bicycle along with two villagers. It is alleged that thereafter deceased Bapu Salgar was alone and on seeing that, accused No. 1 Sanjay went to him near Waka shivar and hit a stone on him and thereby victim Bapu Salgar fell down. Thereafter accused No. 2 Anna @ Baban caught hold of both the legs of victim Bapu Salgar, who fell in flat position and thereupon accused No. 1 Sanjay lifted nearby King heavy stone and hit it on the head of victim Bapu Salgar and snatched Rs.800/- from the victim's custody. The said complaint further reveals that during the course of said occurrence of incident, the victim shouted and asked accused No. 1 Sanjay to take money for him and requested not to assault him. It is also alleged that at this juncture, the persons who were grazing their cattle, namely PW2 Ramkrishna. PW4 Nagnath and PW5 Laxman rushed towards the assailants to catch hold of them, but the said assailants left their bicycles at the said place and fled away.