MEENAKSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these applications have been filed for suspension of substantive sentence imposed on the applicants by the learned Additional Sessions Judge, Parbhani in Sessions Case No.138/2019 on 7/2/2023. The present applicants are accused Nos.6 and 7. They both are held guilty for the offence punishable under Sec. 114 read with Sec. 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.1,000.00 (Rupees One Thousand only) each, in default to suffer rigorous imprisonment for 15 days. It will not be out of place to mention here that both of them have been acquitted by the learned Trial Judge from the offences punishable under Sec. 120-B, 201, 329, 143, 144, 147, 148 read with Sec. 149 of the Indian Penal Code and under Sec. 135 of the Bombay Police Act.

(2.) The prosecution story is that one Sanjay Bharade gave First Information Report on 31/3/2019 to Police Station, New Mondha. It was informed that his brother-in-law Amardeep @ Bhaiyya Ramchandra Rode was the Corporator of Ward No.3, HUDCO. When Amardeep had gone to Jayakwadi Vasahat around 10.00 a.m., Amardeep and one Kiran Dake were standing. Sanjay invited Amardeep for lunch at his house, but Amardeep replied that he will come after visiting Jayakwadi Vasahat. There dispute arose between one Ravi Gaikwad and other persons on account of water supply. Informant states that Kiran Dake and Amardeep went towards Social Welfare Office in Jayakwadi Vasahat. It is then stated that they had gone in a Scorpio vehicle, purchased by Amardeep, on installment in the name of Kiran Dake. Amardeep was giving amount of the installment to Kiran, but Kiran was not depositing the said amount with finance. The vehicle was parked by Amardeep in front of house of Ravi Gaikwad (accused No.1) near Dnyandeep School. Two unknown persons, wife of Ravi Gaikwad and Parvati More were standing. Informant had then seen accused No.1 giving blow of axe on the neck of Amardeep. When the blood started oozing, Amardeep asked Kiran to start the vehicle and would leave from the said place. But then Kiran took the axe from the hands of Ravi and replied that there is no diesel in the vehicle. Then Ravi brought sword from his house and then Kiran had given blow of axe to Amardeep. Two unknown persons had assaulted Amardeep by stick. Wife of Ravi Gaikwad i.e. applicant Meenakshi and applicant Parvati were instigating the assailants by shouting "mara salyala khup majlay". Amardeep was trying to save himself by running but fell down in the pit and then it is said that Kiran took a stone and smashed the head of Amardeep. Ravi Gaikwad has also smashed the head of Amardeep by stone. Gold ornaments were not found on the person of Amardeep which he was carrying.

(3.) After the investigation charge sheet was filed and the trial has been conducted. It appears that prosecution has examined in all 25 witnesses to bring home the guilt of the accused, voluminous evidence has been produced and after the completion of the trial accused Ravi Gaikwad, Kiran Dake have been held guilty of committing offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code. Accused Prakash Pawar, Saurav Bharade and Satish Uphade have been acquitted of all the charges and as aforesaid, the present applicants have been held guilty.