SANTOSH BACCHARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE appeals arise out of Sessions Case No. 87 of 1995 (Crime No. 27/94) which has been decided by the learned Additional Sessions Judge, Sangli vide judgment dated 8-1-1998. The prosecution had charged five accused for offences under sections 302, 364 read with 34 of I. P. C. , section 201 read with 34 of I. P. C. , section 401 read with 34 and 109 of I. P. C. and section 120-B of I. P. C.

(2.) THE prosecution had in all examined 21 witnesses in support of the said charges. The learned Additional Sessions Judge, Sangli vide judgment dated 8-1-1998 held accused No. 1 Pramod Akaram Shinde, accused No. 2 Santosh B. Patil and accused No. 3 Dattatraya Manohar Toraskar guilty for the offences punishable under section 120-B read with 302 I. P. C. , section 364 read with 34 I. P. C. , section 302 read with 34 I. P. C. , and section 201 read with 34 I. P. C. The said three accused have been sentenced to various terms of imprisonment and fine. The substantive sentences have been ordered to run concurrently. Out of the fine, an amount of Rs. 50,000/- has been ordered to be given to the wife of the deceased. The period during which the said accused were in custody has been ordered to be set off under section 428 of Cri. P. C. Accused No. 4 Pramod Palange and accused No. 5 Akaram Ganpat Shinde were acquitted of all the charges. The appellants in Criminal Appeal No. 38/98 are original accused Nos. 2 and 3 and shall hereinafter be referred as accused Nos. 2 and 3. The appellant in Criminal Appeal No. 406/98 is original accused No. 1 and shall hereinafter be referred as accused No. 1. All the said accused challenge their conviction and sentences imposed on them in these appeals. The appeals were heard together and it is proposed to dispose of the two appeals by common judgment.

(3.) THE prosecution case, in brief, is that deceased Vasant Mali was serving at Dubai and in the month of May 1994 he had come to India on leave. On 2nd of June, 1994 the deceased Vasant went to his companys shop at Pune for going to Dubai and obtained the ticket for going to Dubai on 5-6-1994. From Pune he came to the house of his brother-in-law Sanjay Mali at Yedenipani. On 4-6-1994 he took dinner with his brother-in-law Sanjay Mali, then went to Shirol factory bus stop. At that time he was carrying a brief case of black colour containing clothes and foreign currency notes etc. He was wearing a reddish check shirt and blue pant. At the bus stop of Shirol, one tanker was stopped by the deceased and his brother-in-law who had accompanied him to Shirol bus stop and the deceased sat in the cabin of the said tanker for going upto Jaysingpur. At Jaysingpur deceased got down from the said tanker and sat in a truck for going towards Sangli. From Sangli the deceased had to go to Pune.