RAMBHAU MAROTI ATAPALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants were tried for murder of deceased sanjay under section 302 r/w 34 of the Indian Penal Code. Prosecution had, in all, examined seven witnesses. The trial Court, after accepting prosecution evidence, held all the appellants guilty for the murder of deceased Sanjay under section 302 r/w 34 of the Indian Penal Code and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1,000/- i/d to suffer further rigorous imprisonment for two months each. The accused-appellants were held entitled for the benefit under section 428 of the Code of Criminal Procedure. The appellants challenged their conviction and sentence in this appeal.

(2.) PROSECUTION case is that the appellants assaulted the deceased with the different weapons. Appellant Rambhau is alleged to have assaulted the deceased with an axe; accused Sudhakar is alleged to have assaulted the deceased with a knife and accused Laxman is said to have assaulted the deceased with a sickle. As a result of the assault, the deceased received several injuries and succumbed to the said injuries on the third day of the incident.

(3.) IN support of the prosecution case, prosecution has examined eye-witness Kondiram (P. W. 2) who is said to have witnessed the assault and who informed the mother of deceased Sanjay, who came to the spot and saw the appellants there with the weapons and lodged report with the police. The police recovered the axe at the instance of accused Rambhau and sickle from accused Laxman. The pancha of recovery panchanama Namdeo (P. W. 5) has also been examined by prosecution. The other evidence consists of medical evidence and the evidence of ponchos and the Investigating Officer.