NARAYAN MHASU PITHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the judgment and order dtd. 29/1/2019 passed by the Additional Sessions Judge, Niphad, District-Nashik in Sessions Case No.36/2012. By the impugned judgment and order, the Appellant was convicted for commission of offence punishable under Sec. 452 of the Indian Penal Code and was sentenced to suffer R.I. for five years and to pay a fine of Rs.5,000.00; and in default of payment of fine to suffer S.I. for six months. The Appellant was convicted for commission of offence punishable under Sec. 307 of IPC and was sentenced to suffer life imprisonment and to pay a fine of Rs.7,000.00; and in default of payment of fine to suffer R.I. for one year. Both the sentences were directed to run concurrently. The Appellant was in custody from 23/3/2012 to 26/6/2012 and since 12/9/2018 till 29/1/2019 during pendency of the trial and for that period he was granted set off under Sec. 428 of Cr.P.C. Out of the fine amount, Rs.10,000.00were directed to be paid to the first informant Gangubai Wagh towards the compensation under Sec. 357 of Cr.P.C.

(2.) We have heard Shri S.P. Dighe, learned counsel for the Appellant, Shri V.B. Konde-Deshmukh, learned APP for the State and Shri Rupesh Zade, learned counsel appointed for Respondent No.2.

(3.) The prosecution case is that on 22/3/2012 in the midnight, the Appellant entered the house of the first informant Gangubai Wagh at Ozar, Taluka -Niphad, District -Nashik and assaulted Gangubai and Baburao with a chopper on their heads and other parts. They became unconscious. While leaving, he latched the door from outside. On the next day morning, the neighbours rescued them and shifted them to the hospital. Thereafter the FIR was lodged. The Appellant was arrested. The investigation was carried out. The charge-sheet was filed and the case was committed to the Court of Sessions.