DILIP Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant feels aggrieved by the judgment and order dated 4th January, 2013 passed by the Sessions Judge, Chandrapur in Sessions Case No. 172 of 2011. The appellant has been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The appellant was accused No. 2 in the said sessions case. Accused No. 1 Kewal Falgun Meshram was also found guilty of the same offence. Both of them have been convicted for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The appellant and accused No. 1 Kewal were prosecuted for the offences punishable under Sections 465, 468, 471 and 420 read with Section 34 of the Indian Penal Code and also for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. They are acquitted of all other charges. However, as already stated, a conviction has been recorded against them for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code.

(2.) The injured P.W.2 Suraj Deshmukh was brother of P.W.1 Sandhya Misar. P.W.2 was resident of Dighori. His sister P.W.1 was married. However, few days prior to the date of incident, she had come to stay with her brother at Dighori. It was alleged that the appellant and accused No. 1 Kewal had taken away P.W.2 on a motorcycle on the pretext that sister-in-law of the appellant was not well at Gadchiroli and that they had to visit the village Gadchiroli. P.W.2 had accordingly accompanied the appellant and accused No. 1 Kewal on the motorcycle. P.W.2 left his house at about 8.30 p.m. and did not return till late in the afternoon. A phone call was received by P.W.1 from father-in-law of P.W.2 that P.W.2 had been assaulted by the appellant and accused No. 1 Kewal and that the matter had to be reported to the police.

(3.) It was alleged that accused No. 1 suspected that P.W.2 had been spreading defamatory news against accused No. 1 that accused No. 1 had taken a loan for purchasing motorcycle on the basis of 7/12 extract of the land belonging to mother of P.W.2. As such it was alleged that the accused No. 1 had committed forgery and cheating by producing 7/12 extract of somebody else than himself for obtaining loan for the motorcycle. It was case of prosecution before the trial Court that the appellant and accused No. 1 Kewal, therefore, in furtherance of their common intention, had assaulted P.W.2 on the banks of Gosikhurd canal and threw him in the canal water. P.W. 2 regained consciousness after sometime of the assault and went to his father-in-law's place at village Dudhawahi. Matter was reported to police and P.W.2 was sent to Medical Officer for medical examination.