SACHIN GAJANAN RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant Sachin Gajajan Raut was original accused No.1 in Sessions Trial No.29 of 2004, decided by Additional Sessions Judge, Khamgaon on 10 th April,2008. The appellant along with his father Gajanan Raut was tried for the offences punishable under Sections 302 read with 34, 307 read with 34, 323 read with 34 and 506 II read with 34 of the Indian Penal Code. At the end of trial accused No.2 Gajanan was acquitted of all the charges framed against him. The appellant, however, was convicted of the offence punishable under Section 302 of the Indian Penal Code for having committed murder of Manohar Shivaji Mirge (hereinafter referred to as 'deceased') and was sentenced to suffer imprisonment for life and to pay a fine of Rs.Five Hundred, in default to suffer rigorous imprisonment for three months. The appellant was acquitted of the other charges i.e. charges under Section 307, 323 and 506 II of the Indian Penal Code. In the present appeal the appellant has challenged his above stated conviction for the offence punishable under Section 302 of the Indian Penal Code.

(2.) The alleged incident had occurred due to the dispute in respect of possession of the land belonging to one Chandrabhagabai. THE land, in respect of which there was a dispute, was in possession of accused No.2 Gajanan. At this juncture it may be stated here that Master Pravin younger son of accused No.2 Gajanan was adopted by Chandrabhagabai. It is because of this reason, it appears, that the land in question was in possession of accused No.2 Gajanan and his sons accused No.1 Sachin and juvenile in conflict with law Master Pravin. THE land in possession of accused No.2, appellant and the juvenile Pravin was purchased by deceased Manohar Mirge from Chandrabhagabai. THE physicalCri. possession, however, had not been transferred. THErefore, there was a dispute in respect of the said land.

(3.) Police, on recording of First Information Report, had rushed to the place of the incident. Panchnama of the place of incident situated at Matargaon Machhindrakhed road was drawn in presence of panchas. Blood stained earth was collected from the spot in presence of the panchas under the panchnama. The POLICE Officer also rushed to Khamgaon Hospital on getting information that the deceased had been admitted there. He drew inquest panchnama in presence of panchas. The dead body was sent for post mortem examination. Section 302 of Indian Penal Code was added to the First Information Report and further investigation continued.