DASTGIR GAFUR SHAHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Above four appeals are directed against judgment and order of conviction recorded by the leaned Additional Sessions Judge, Shrirampur in Sessions Case No.16 of 2015, thereby holding appellants guilty for the offences punishable under Ss. 143, 147, 148, 302 read with Sec. 149 of the Indian Penal Code (IPC) and under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "Atrocities Act") and sentenced them to suffer imprisonment for life and to pay fine as spelt out in the operative part of the impugned judgment and order.

(2.) On 25/7/2014 at around 03:00 p.m. there was quarrel between deceased Balasaheb and appellant accused Dastgir and in such episode, deceased allegedly slapped Dastgir. Consequently, Dastgir while in company of other accused, issued threat to see Balasaheb in the night. Again there was some quarrel between deceased and accused at around 07:00 p.m. At around 09:00 p.m. deceased left the house informing that he is going for answering call of nature. Informant, maternal aunt of deceased namely Vatsala Vinayak Khude, who had come to house of deceased for dinner, was returning with her husband PW5 Vinayak Rambhau Khude on Motorcycle. When they reached near house of one Bangadiwala, informant and her husband saw accused persons assaulting deceased with Gupti and thereafter fleeing away. PW6 Deoram Bhalerao and PW8 Krishna Londhe, who were present in the vicinity and rushed to the spot on hearing hue and cry raised by the informant, lifted and shifted deceased to Kamgar Hospital, Shrirampur, where he was examined and declared dead. As a result of which, PW3 Vatsala, maternal aunt of deceased lodged report on the strength of which crime was registered.

(3.) After completing the investigation and all formalities, accused persons came to be charge-sheeted and were made to face trial before learned Additional Sessions Judge, Shrirampur. He conducted trial, heard both the sides and after appreciating the oral and documentary evidence, accepted the case of prosecution as proved and thereby held accused persons guilty and awarded aforesaid punishment. This judgment of conviction dtd. 23/9/2015 is challenged by way of instant appeals by invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.).