KAILASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appeal No. 230 of 2005 is preferred by accused Kailash, who was convicted in Sessions Trial No. 22 of 2003 for offence punishable under Sections 302 and 324 of Indian Penal Code and sentenced to [1] undergo Rigorous Imprisonment for life and a fine of Rs. 1,000/-, in default, to suffer Rigorous Imprisonment for two months for the former offence, and [2] one year and a fine of Rs. 500/-, in default, to suffer Rigorous Imprisonment for one month for the latter offence.

(2.) In all five accused persons were charged for commission of offence punishable under Sections 147, 148,324 read with Section 149 and 302 read with Section 149 of Indian Penal Code, for forming an unlawful assembly on 4th November, 2002 at 9.15 p.m., at village Wathoda Khurd with a common object thereof to assault and commit murder of complainant Dinesh Patil and his brother Uddhav Patil respectively.

(3.) Prosecution had examined PW 1 - Dinesh Yashwantrao Patil, PW 3 - Ramesh Mahadeorao Dhamankar, and PW 4 -Balabhau Ramchandra Dhamankar as eye-witnesses, PW 2 - Dr. Tulsidas Babulalji Bhilawekar as Medical Witness, and PW 5 - Rajendra Narayanrao Hade as a Panch witness to the Seizure Panchanamas of the clothes of Accused No. 1-Kailash and Accused No. 5 - Shankar, and PW 6 - Pandurang Gulabrao Tayade, Investigating Officer.