MAYURESH AJIT GAMBHIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by the convict from the judgment and order of conviction and sentence dtd. 25/2/2016 delivered in Sessions Case No.2 of 2008. By the said judgment, the appellant has been convicted under Sec. 302 of the Indian Penal Code (IPC for short) and sentenced to suffer imprisonment for life with fine of Rs.50,000.00 (Rupees Fifty Thousand Only) with default stipulation. However, the present appellant-accused was acquitted of the offences punishable under Ss. 3, 25(1) (A) and 27 of the Arms Act and so also other accused of the offences punishable under Sec. 302 read with Sec. 34 of the IPC and under Ss. 3, 25(1(A) and 27 of the Arms Act.

(2.) Short fact of the case is that informant is father of Sachin Suresh Tavde (since deceased). On 13/8/2007, at about 8.00 p.m., the informant was sitting in the verandah along with his brother Nandkumar Yashwant Tavde and niece Kumari Puja Nandkumar Tavde (PW9). At about 9.00 p.m., a motorcycle of red colour (Pulsar) came from the side of Marathi school and stopped on the road in front of the house of the informant. The rider of the motorcycle was wearing a helmet who enquired about the deceased. The informant, accordingly, called the deceased. The prosecution alleges that the moment the deceased came out of the house, the person riding the motorcycle fired a gun shot on the person of deceased, who fell down and started bleeding from the abdoment. The informant started shouting. A neighbour by name Ajay Giridhar Temkar tried to apprehend the rider of the motorcycle but the latter fled away. The deceased was immediately rushed to Civil hospital, Alibaug where he was declared dead.

(3.) In the above factual backdrop, the informant lodged the First Information Report (FIR) with Poynad Police Station, Alibaug, on the basis of which Crime No.60 of 2007 under Sec. 302 of the IPC read with 25(1)(A) of the Arms Act came to be registered.