AMOL DADA HIVRALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 264/2011 is by original accused No.4 Amol Dada Hivrale while Criminal Appeal No. 359/2011 is by original accused No.1 Nilesh Abhiman Gaikwad and accused No.3 Anil Gulab Yashwante. These accused along with original accused No.2 Mahindra Jagannath Salvi and original accused No.5 Sandip Uttam Bhivsane were tried before Additional District and Sessions Judge, Shrirampur in Sessions Case No. 55/2009. The appellants accused have been convicted under Section 302 read with 34 of the Indian Penal Code, 1860 ("IPC" in brief) for committing murder of one Bharat Sahebrao Dhokne and sentenced to suffer imprisonment for life.

(2.) Case of the prosecution in brief can be stated to be as under :

(3.) Aggrieved by the judgment of conviction and sentence, in the appeal by accused no.1 Nilesh and accused No.3 Anil, it has been claimed and argued that if the quarrel had been settled on 07.08.2009, there was no motive for the incident on 08.08.2009; person to whom mobile was given for repairs was best witness to the incident, but he has not been examined; if there was exchange of hot words before the incident started, grave and sudden provocation can not be ruled out and Section 302 of IPC would not be attracted, and that, the evidence shows that the accused reached the spot from different directions and so there was no premeditation.