LAXMAN PILAJI OVALEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal against conviction filed by the Appellants under Sec. 374 of the Code of Criminal Procedure, 1973 (for short Cr.PC) against the judgment and order of conviction dtd. 10/8/1998 passed by the learned Sessions Judge, Raigad - Alibag (Trial court) in Sessions Case No. 23 of 1991. Appellant No.1 (accused No.1) - Laxman Pilaji Ovalekar expired on 14/1/2018 during the pendency of the present appeal; hence the appeal in respect of Appellant No.1 stands abated. Appellant No.2 (accused No.2) - Manohar Laxman Ovalekar, son of Appellant No.1 is the sole Appellant in the present appeal. For the sake of convenience, Appellant No.1 shall be referred to as Laxman (accused No.1). Before the Trial court 12 accused were tried; however the Trial court held that the prosecution could not prove beyond reasonable doubt that accused Nos. 3 to 12 had formed an unlawful assembly to cause the death of the deceased and assaulted him and hence were entitled to acquittal for the offence with which they were charged. The Trial court convicted and sentenced Accused No.1 and 2 for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short IPC) and sentenced them to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000.00 each and in default thereof to suffer further rigorous imprisonment for six months.

(2.) The Appellants have been convicted for killing Mohan Kashinath Mokal, the deceased (hereinafter referred to as Mohan).

(3.) Before we advert to the submissions made by the respective advocates and to the reappraisal of evidence on record, it will be apposite to refer to the relevant facts briefly:-