SANTOSH LASHYA RAVTALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants/accused being aggrieved by the impugned judgment and order convicting them for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code for preferred this appeal under Sec. 374 of the Code of Criminal Procedure Code.

(2.) At the time of hearing of application for suspension of sentence learned counsel for the appellants as well as learned APP apprised this Court about involvement of short evidence in this case and by their consent, appeal is heard.

(3.) Short case of the prosecution as it appears from material on record shows that on 26/1/2013 deceased Bula came home and after having dinner at around 8.00 pm he went on Mhasavad-Ranipur road and started babbling under the influence of liquor. Thereafter at about 9.00 pm three persons came there on motorcycle and started having conversation with Bula as if they had acquaintance with him. During the talk their occurred quarrel between them and one of the person on the motorcycle said to Bula as to why he is behaving like this with them as they were from the same school. In spite of this Bulla was abusing them and thereafter these persons took Bula on their motorcycle. Bulla did not return home in the night and on the next day his dead body was found in the dry nala to the side of the road. Information was given to the police on 27/1/2013 against three unknown persons. Offence came to be registered vide Crime No. 7 of 2013. During investigation statements of the witnesses were recorded from which it was revealed that the persons who took deceased along with them where accused herein. Inquest and spot panchnamas were done and dead body was sent for autopsy. There were recovery of blood stained clothes at the instance of accused persons. Seized muddemal was sent to the Chemical Analyzer for examination. On conclusion of investigation charge-sheet came to be filed against accused.