BHASKAR BHUJANGRAO NAVPUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed for suspension of sentence by original accused Nos.4 and 5, who have been convicted by learned Additional Sessions Judge, Aurangabad on 27/1/2023 in Sessions Case No.104 of 2022 after holding them guilty of committing offence punishable under Ss. 302, 307 read with Sec. 149 of Indian Penal Code.

(2.) Heard learned Advocate Mr. Satej S. Jadhav for the applicants and learned APP Mr. S. J. Salgare for the respondent - State. With the able assistance of learned Advocate for the applicants and learned APP, we have gone through the evidence, which was before the learned Trial Judge.

(3.) At the outset, it is to be noted that as per the prosecution story the target of the accused persons was P.W.5 Vikram and it is stated that the accused persons had gone to his house around 8.00 p.m. on 26/6/2021. It appears that around 7.00 p.m. on the same day, one of the accused i.e. Ravi Navpute had given a phone call to Deepak Navpute and asked him as to why the tractor was taken from his field. At that time, Deepak had handed over the phone call to P.W.1 Gorakh and then there was talk between him and accused Ravi Navpute, still it appears that the accused had gone to the house of Vikram. It has come on record that P.W.1 Gorakh and P.W.5 Vikram reside separately, but in the same village. It has also come on record that the deceased is the father of P.W.1 and P.W.5 residing in the third house in the same village. It is then stated by P.W.1 Gorakh and P.W.5 Vikram that the accused persons had firstly assaulted P.W.5 and after hearing the noise when P.W.1 Gorakh went there, he was assaulted. The assault was on their head. Then P.W.1 Gorakh says that after he received the assault, he went from that place running towards his house and there, their father requested the accused persons not to assault all of them, but accused persons assaulted deceased with iron rod, iron locking pin (locally called as ' f'koGk') and wooden log. After became unconscious, he was taken to police Station and then by giving Yadi he was brought to Ghati Hospital, Aurangabad, but he was then declared dead. It is then stated that applicant No.1 had assaulted the lady members of the family and he was under the influence of liquor at that time.