STATE OF MAHARASHTRA Vs. ARUN GABHAJI PAKADE

JUDGEMENT

(1.) These two appeals arise out of judgment and order dtd. 16/3/2009 in a Sessions Case No.06/2007. Criminal Appeal No.237/2009 has been filed by the appellants against the conviction and sentence.The Criminal Appeal No.398/2009 has been filed by the State against the order of the acquittal of the accused for the offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code.

(2.) The appellants in Appeal No.237/2009 and the respondent Nos.1 to 4 in Criminal Appeal No.398/2009 were accused Nos.1 to 4 in the Sessions Trial. Learned Additional Sessions Judge convicted the accused Nos.1 and 4 for the offence punishable under Sec. 304 Part II read with Sec. 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for seven years and to pay a fine of Rs.1,000.00 each and in default of payment of fine to suffer simple imprisonment for one month. Learned Additional Sessions Judge convicted the accused Nos.1 and 4 for the offences punishable under Sec. 342 read with Sec. 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for three months and to pay a fine of Rs.500.00each and in default of payment of fine to further suffer simple imprisonment for 15 days. Learned Additional Sessions Judge convicted the accused Nos.2 and 3 for offence punishable under Sec. 325 read with Sec. 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 each and in default of payment of fine to further suffer simple imprisonment for one month. The substantive sentence awarded to the accused Nos. 1 and 4 were directed to run concurrently.

(3.) For the purpose of convenience, the appellants would be referred by their nomenclature in the Sessions trial. The First Information Report was registered on the report of informant-Dipak, who is the son of deceased Ramdas Pingale. The accused and the deceased are the residents of Onkarkheda, Taluka Nandgaon Khandeshwar, District Amravati. The deceased was residing alongwith his wife Kamla and son Dipak. The accused No.2 is the son of the accused No.1 and accused No.3 is the wife of accused No.1. The accused No.4, at the relevant time, was working as agricultural labourer with the accused No.1. The incident as can be seen from the First Information Report occurred on 24/07/2006 at about 4.00 a.m. The accused as per the case of the prosecution were alleging that the deceased had an evil eye upon the accused No.3- Panchfula.