STATE OF MAHARASHTRA Vs. MUKUND TRIMBAK SONAWANE

JUDGEMENT

(1.) These Appeals are directed against the judgment and order dated 20th December, 2000 passed by the learned Sessions Judge, Solapur in Sessions Case No. 233 of 1999 whereby appellant/accused No. 2 Dilip Sonawane came to be convicted for the offences punishable under section 304 Part II of the Indian Penal Code, 1860 ("the Penal Code") and sentenced to suffer rigorous imprisonment for fve years. The Appellant was also convicted for the offence punishable under section 324 of the Penal Code and sentenced to suffer rigorous imprisonment for one year, along with accused No. 1 Mukund Sonawane and No. 3 Somnath Londhe, who were convicted for the offences punishable under section 323 and 504 read with 34 of the Penal Code and sentenced to suffer rigorous imprisonment for six months and three months, on the respective counts.

(2.) The appellant/accused Dilip and the co-accused were prosecuted for the offences punishable under sections 302, 324, 323 and 504 read with 34 of the Penal Code and section 135 of Bombay Police Act, 1951 with the following indictment:-

(3.) At the trial, the prosecution examined ten witnesses including Nagnath Gaikwad (P.W.4), the frst informant, Parmeshwar Gaikwad (P.W.7), an injured eye witness, Digambar Gholap (P.W.5) and Bhagwan Kadam (P.W.6), as eye witnesses, Dr. Ajay Kevaliya (P.W.3), the ausy surgeon and Rajaram Survase (P.W.8), the then station house offcer, Madha police station, who had recorded the frst information report, and Shrikant Padole (P.W.9) who had carried substantial investigation. The accused did not lead any evidence in their defence which consists of denial and false implication on account of a scuffe in which the informant party had, in fact, assaulted the accused.