PRADEEP NARAYANRAO RAJGURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these appeals arise out of Sessions Trial No. 72 of 1995 which took place in the Court of the Additional Sessions Judge, Amravati. The appellants along with 11 others were tried for various offences including murder, under Sections 120b, 302 read with Section120b read with Section149, Section148 and Section4 read with Section25 of the Arms Act. In support of the charges, prosecution had in all examined 27 witnesses. The said evidence included evidence of three eye witnesses, viz. PW2 Santosh Babulalji Sabu, PW4 Dattatraya Laxmanrao Nimbalwar and PW7 Sanjay Laxmanraoji Nimbalwar, oral dying declaration said to have been made by the deceased to his brother Rajendra Ajabrao Gatphane (PW9), witnesses of recovery of weapons and clothes and other usual witnesses namely, Medical Officers, Police Officers etc. The Trial Court found that charge of conspiracy to murder had not been established. Relying mainly upon the evidence of three eye witnesses; oral dying declaration and other evidence on record, the Trial Court held the appellants guilty for murder under Section302 read with Section34 of the Indian Penal Code and sentenced them to undergo life imprisonment as also fine of Rs. 1000/-, in default to suffer rigorous imprisonment for one year. The other co-accused, numbering 11, were acquitted of all the charges. The appellants challenge their conviction and sentence by filing four separate appeals.

(2.) CRIMINAL Appeal No. 397 of 1998 has been filed by original accused no.4 Pradeep Narayanrao Rajgure; CRIMINAL Appeal No. 405 of 1998 has been filed by original accused No. 2 Birju Shivbahadursingh Thakur; CRIMINAL Appeal No. 406 of 1998 has been filed by original accused No. 1 Jitu @ Jeetendra Pransingh Thakur and CRIMINAL Appeal No. 419 of 1998 has been filed by original accused No. 3 Balwant Nagorao Thakre.

(3.) INVESTIGATION into the crime was taken up by PSI Marotrao Thakare (PW23) who conducted spot panchanama and recorded statements of PW2 Santosh, PW4 Dattatraya Nimbalwar and PW7 Sanjay Nimbalwar. The investigation was later on handed over to PW25 Pratap Nindane who completed the investigation. The recoveries in this case have been made by PSI PW25 Pratap Nindane. Accused No. 1 Jitu Thakur and accused No. 2 Birju Thakur were arrested by PW25 Pratap Nindane on3.2.1995 from Lalitpur (MP) and subsequent therto, recoveries were also made at their instance. After completing the investigation charge-sheet was filed and appellants along with others were tried.