MOTIRAM BAXI KODWATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present appeal, appellants have thrown a challenge to judgment and order dated 7-5-2004 passed by learned 1st Ad-hoc Additional Sessions Judge, Bhandara in Sessions Trial No. 80/2001 convicting both of them for committing murder of one Dhanra Sitaram Shelke in furtherance of their common intention and convicting appellant No. 2 for voluntarily causing hurt to Dadaram Sitaram Shelke PW2 by means of dangerous weapon and on 1st count sentencing each of them to suffer imprisonment for life and to pay a fine of Rs. 3,000/- and i/d to suffer RI for 3 years and on 2nd count sentencing appellant No. 2 to suffer RI for 1 year and to pay a fine of Rs. 300/- and i/d to suffer RI for 1 month.

(2.) The said trial has arisen out of charge sheet submitted by PI Siddiqui PW14 for commission of offence punishable under sections 302, 324 read with 34 of Indian Penal Code as a result of the investigation of Crime No. 20/2001 registered with the Police Station Palandur by ASI Titirmare PW4 on 8-5-2001 at 23.30 hours initially for commission of offence under section 324 read with 34 of Indian Penal Code by registering FIR Exh.35 on the basis of report Exh.34 lodged by Kalpana PWl regarding incident of assault upon herself, her husband Dadaram and her brother-in-law deceased Dhanraj at about 20.00 hours on said day by appellants and one Ramesh Sukharam Tekaram. On 28-5-2001 PWl4 P.I. Siddiqui had converted the crime for an offence under section 302 of Indian Penal Code after receiving intimation of Dhanraj having died on 19-5-2001 while taking treatment at Government Medical College and Hospital at Nagpur.

(3.) The prosecution case, in brief, as revealed from the record is as under :