MAHENDRA MADANSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused Nos.1 and 2 have preferred this appeal being aggrieved by the common judgment and order dated 22.03.2011 passed by learned Ad hoc Additional Sessions Judge, Amravati in Sessions Trial Nos.12/2009 and 134/2009. By the said judgment and order the learned Additional Sessions Judge acquitted accused No.4 and convicted the appellants original accused Nos.1, 2 and original accused No.3 for the offence punishable under Section 302 r/w. 34 of the Indian Penal code. For the said offence, the learned Sessions Judge sentenced them to suffer imprisonment for life and fine of Rs.Five Thousand each in default to suffer rigorous imprisonment for six months.

(2.) The prosecution case, briefly stated, is as under : Suresh Shinde (P.W.1) was residing along with his family including his son Sagar (deceased) in Mahajanpura at Amravati. The appellants along with co accused were also residing in the same locality. On 22.09.2008 at about 8.00 a.m. Sagar was sleeping in the house, at that time original accused No.4 Prakash Thakur came to the house of P.W.1 Suresh and took Sagar with him. Prakash said that they would return within a short time. At about 10.30 a.m. P.W. 3 Vikram Sadavarte came to the house of P.W. 1 Suresh and informed that P.W. 2 Chandrapal informed him that accused No.1 Mahendra, accused No.2 Dinesh Thakur and accused No.3 Dinesh @ Tanvesh committed murder of Sagar behind Gadgadeshwar Temple. P.W.1 Suresh visited the spot and saw his son lying in injured condition. He then went to the Police Station and lodged his F.I.R. (Exh.31). Thereafter investigation commenced. Dead body of Sagar was sent for post mortem. In the opinion of the Doctor the cause of death of Sagar was shock due to trauma to large major vessels of heart, upper part of left lung esophagus coils of intestine & multiple injuries over face & body. After completion of investigation the charge sheet came to be filed against original accused Nos. 1 to 3. The case was committed to the Sessions Court and it was numbered as sessions Trial No.12/2009. Original accused No.4 was traced later on, his case was also committed to the Sessions Court and it was numbered as Sessions Trial No.134/2009.

(3.) Charge came to be framed against the appellants/ original accused Nos.1 and 2 and original accused Nos. 3 and 4 under Section 302 read with Section 34 of the Indian Penal Code. The appellants and other co accused pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. After going through the evidence, the learned Sessions Judge acquitted original accused No. 4 and convicted and sentenced the appellants and original accused No.3 as stated in paragraph 1 above, hence, this appeal.