MANOJ BHANUDASJI NAGRALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction and sentence recorded by 2nd Ad-hoc Additional Sessions Judge, Wardha on 7.1.2005 in Sessions Case No.157 of 2003 of the said Court is subject matter of the present appeal. At the said trial all the appellants, were charged for committing the offence of murder of one Chandrabhan Moon and voluntarily causing hurt to his wife PW5 Sanghmitra and daughter PW6 Subhashree on 6.9.2003 at 18.00 hours at mouza Pathar in furtherence of their common intention by assaulting Chandrabhan with wooden stick and weapon alike knife and PW5 and PW6 by wooden stick.

(2.) By the judgment appealed, the trial court had arrived at the conclusion that appellant no.1 and 2 were guilty for commission of offence of murder of said Chandrabhan Moon and sentenced each of them to suffer imprisonment of life and to pay fine of Rs. 500/- and in default of payment of fine, to suffer R.I. for four months. The trial court had further come to the conclusion that appellant no. 2 and appellant no.3 were guilty for commission of offence u/s 323 of IPC and sentenced each of them to suffer R.I. for one year and to pay a fine of Rs.200/- in default of payment of fine, to suffer R.I. for eight days. The trial court had acquitted appellant no.3 from the charge of commission of murder of Chandrabhan.

(3.) The said trial has emanated out of challan submitted by PW13 P.I. Bhakte of Samudrapur Police Station as a result of investigation of Crime No. 99/03 of the said Police Station. It is the case of the prosecution that on the day of incident at about 18.30 hours PW13 had received message about the incident of assault from one Raju Burile and had rushed to village Pathar and from the said place to Cottage Hospsital, Hinganghat at which the injured/victims were referred. In the meanwhile PW9 PSI Jamir Sheikh had registered the crime No. 0/03 registered with Hinganghat Police Station at 20.40 hours upon report Exh.51 recorded by him of PW5 Sanghmitra regarding incident which had resulted in death of her husband Chandrabhan and in which herself and her daughter PW6 had sustained injuries.