FAKIRA GOPAL SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mr. M. R. Daga, learned advocate for the appellant and Mr. Mirza, learned A. P. P. for the State.

(2.) THE appellants who stood trial for offence under sections 302 and 201 read with section34 of Indian Penal Code in Sessions Trial No. 47/1997 before the Additional Sessions Judge, Bhandara have preferred this appeal challenging the judgment and order dated 24-2-1999 whereunder they are convicted for the said offences and sentenced to life imprisonment and to pay fine of Rs. 500/- each in default R. I. for one month for offence under section302 I. P. C. and R. I. for three years and to pay fine of Rs. 500/- each in default R. I. for six months for offence under section201, read with section34 of Indian Penal Code. THE substantive sentences are to run concurrently.

(3.) BEFORE the trial court, the appellants, pleaded not guilty to the charge and claimed to be tried. Their defence is that of denial. At the trial the prosecution examined in all 12 witnesses including - Complainant Subhash (P. W.1), Dr. Lanjewar (P.W.2) Kathane (P.W.3) , Dr. Diwale (P.W.4), Dr. Nakade (P.W.5), Sumanbai (P.W.6), Ramji (P.W.7), Jagdish (P.W.8), P. S. I. Kamlakar Jadhao (P.W.9), Panch witness - Pandhari (P. W.10) and Investigating Officer - P. S. I. Dinkar Varhade (P. W.12 ). In their statement recorded under section313 Criminal Procedure Code, they have stated that they have been falsely involved in this case. The appellant - Fakira in his statement stated "devnath Shende had come to me prior to 6 months of his death, he stated me that his wife is likely to be defamed, so compound the matter. I told him that my brother is living separate, so I do not know anything. Then he went back. He was doing black magic. He was quarreling with others. He was thief. There are so many criminal cases against him at Nagpur , Wadsa and he committed murder. He was of bad character. I do not know anything about the incident. "