DEVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this appeal, challenge is to the judgment and order dtd. 21/2/2018 passed by learned Additional Sessions Judge, Bhandara in Special (Child) Criminal Case No. 12/2015, whereby, learned Additional Sessions Judge, convicted the appellant for an offence punishable under Sec. 302, 354D, 241, 504 and 506(II) of the Indian Penal Code. For the offence punishable under Sec. 302 of the IPC, the appellant is sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000.00, in default of payment of fine, to suffer rigorous imprisonment for six months. For the remaining offences, sentence ranging from three years to fifteen days was separately awarded with fine and a sentence in default of payment of fine.

(2.) The facts leading to filing of this appeal are as follows.

(3.) On the fateful day of incident dtd. 20/2/2015, deceased along with Ku. Jija Ukare (PW3), Deepali There (PW5), Deepa Jambhulkar and Manisha Hatwar was proceeding to the college on bicycle. It is the case of the prosecution that on the way, near electricity DP, appellant Dewa alias Devendra Ishwar Gabhane was sitting near the brook. On seeing them, he came towards them, stopped the bicycle of deceased and questioned the deceased Shilpa as to why she had beaten him. The deceased Shilpa answered that she did not beat him. Her mother beat him and therefore he should go to her mother and question her about it. The deceased Shilpa then proceeded ahead. When she reached near electric DP, the appellant followed her and by giving a cut to her bicycle, stopped his bicycle in front of her. The deceased fell down. Appellant caught her braid of hair, inflicted the blows on her neck with sickle. The deceased raised shouts to save her. Other girls accompanying the deceased tried to save their friend but the appellant extended the threat to kill them if they obstructed him. The girls therefore went to the college and narrated the incident to the teachers. The teachers went to the spot and after some time informed them that Shilpa died.