STATE OF MAHARASHTRA Vs. MANOHARSINGH RAGHUVIRSINGH THAKUR

JUDGEMENT

(1.) IN Session Trial No. 28 of 2002, the learned 2nd Additional Session Judge, Khamgaon, by her judgment and order dated 23rd december, 2002 found the appellant-original accused Manoharsingh raghurvirsingh Thakur guilty of having committed offence punishable under sections 302 and 201 of I. P. C. and convicted and sentenced him to death by directing that he be hanged by neck till his death, subject to confirmation by this Court. The appellant/accused was also sentenced to pay a fine of Rs. 1,000/- on each count, and in default of payment of fine, to suffer R. I. for six months each. In view of the fact that the appellant/accused has been sentenced to capital punishment, a reference was made to this Court for confirmation of the death sentence. The learned trial Court also ordered that the valuable muddemal in V. P. No. 11/02 be handed over to the husband of deceased Vimal, and the ordinary seized property in O. P. No. 59/02 be destroyed after the period of appeal is over. The appellant/accused appealed against his conviction, which came to be registered as Criminal Appeal No. 58 of 2003 and on reference for confirmation of the capital punishment by the learned trial Court, the same came to be registered as Confirmation Case no. 1 of 2003.

(2.) THE appeal as well as the confirmation case was heard by the Division bench of this Court and by the judgment and order dated 3rd, 4th and 5th april, 2003 the Division Bench observed :

(3.) THE background facts on the basis of which the appellant/accused was tried, can be summed up as under : vasanta s/o Bajirao Deshmukh (P. W. 15) was residing in the field Gat no. 32 situated at Chinchola Shivar, near Navoday Vidyalaya, of one shankarlal Dhanuka with his family consisting of his wife Vimal, daughter chanda and son named Sunny alias Pankaj, and was working as a watchman. Subsequently, the said field came to be purchased by one Ramchandra joshi, Sir (P. W. 2), who continued him in employment and used to pay him rs. 300/- per week. Vimal, the wife of Vasanta Deshmukh also used to do sundry work in the field. This agricultural field had a well fitted with electric motor. Vasanta Deshmukh had purchased a buffalo before 4-5 months of the incident and used to sell milk by delivering the same to Shri Joshi (P. W. 2) and others. The milk was also sold to others from the house in the field. Near the field of Mr. Joshi (P. W. 2), i. e. at a distance of about 300 to 400 feet, there was a factory for manufacturing cement tiles situated on Shegaon-Khamgaon road near Navoday Vidyalaya, owned by Sandip Janaklal Agrawal (P. W. 1 ). Shankarlal Yavao (P. W. 5) was the contractor who was engaged by shri Agrawal (P. W. 1) for carrying out the work of cement tiles and labourers by name Nandkishor, Mohanlal, Raghuvirsingh, (P. W. 12), Kishor (P. W. 3), shyam, Nandlal, Mohanlal, Kachru and other workers were engaged by him. The appellant/accused Manoharsingh Thakur who was the resident of sawarna, earlier used to work in the said factory and also helped Vasanta and his wife in their work.