MANOJ BAPURAO GEDAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appell-ants and two others were charged for the offences under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code for having committed murder of Manoj Parate on 6-2-1993 at about 11. 15 A. M. at Trimurti Nagar, Nagpur. The Sessions Court convicted the appellants herein under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life and further directed them to pay fine of Rs. 1,000/each and in default to suffer further rigorous imprisonment for six months. The remaining two accused, viz, original accused No. 3 Morezhwar and accused No. 5 Babulal were acquitted of the offences punishable under Sections 147, 148, 302 read with Section 149 of the Indian Penal Code. The appellants herein were also acquitted of the offences under Sections 147 and 148 of the Indian Penal Code. The appellants are challenging the said judgment and order dated 21-6-1997 passed by the Additional Sessions Judge, Nagpur in Sessions Trial No. 176 of 1993.

(2.) THE case of the prosecution is that one Dewaji Parate was running a bicycle repairing shop along with his sons Balchand. Prem and Manoj at Trimurti Nagar, Nagpur. In the year 1991, deceased Manoj had murdered Raju Narnaware, son of accused No. 3 Moreshwar Narna-ware. The said deceased Manoj was prosecuted alongwith Prem, Bhalchand, Dewaji and one Raju Suryabhan Chanekar. All the accused were acquitted by the Sessions Court sometime in January 1992 and since that time relations between accused No. 3 Moreshwar and Parate family had become strained. It is the further case of the prosecution that deceased Manoj Parate was to recover some amount from accused Manoj Gedam and Sujeet Gedam as both these accused had taken cycle on hire and had not paid the charges. It is the case of prosecution that said amount was demanded by deceased Manoj Parate and that there was quarrel between accused Manoj Gedam. Sujeet Gedam and deceased Manoj Parate and these two accused had threatened Manoj and even for that reason, relations between the two parties had become strained.

(3.) IT is the case of prosecution that on the date of incident i. e. , on 6-2-1993 at about 11. 00 a. m. , deceased Manoj Parate was in his Cycle Shop; his brother Prem and employee Raju were also present in the shop. Bhalchand, brother of deceased had gone to house which is situated at a short distance from the Cycle repairing shop to have his lunch and at that time, accused had come to the shop with sword, iron rod, sticks, knife and gupti and accused nos. 1 and 2 Manoj and Sujeet assaulted Manoj Parate by means of crow bar and stick respectively while the other accused had surrounded him so that nobody would intervene and as a result of the said assault. Manoj Parate succumbed to the said injuries and died. Manoj Parate was thereafter taken to hospital by all members of his family. However, he subsequently died in the hospital and on the next day complaint was filed in the Police Station.