BRAHMAJI MAROTI DAKHORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appellant is the original accused No.1 who has been convicted for imprisonment for life and to pay fine of Rs.1,000.00 (Rupees One Thousand only), in default to suffer rigorous imprisonment for 30 days by learned Additional Sessions Judge-3, Nanded on 16/9/2015 after holding him guilty of committing offence punishable under Sec. 302 of the Indian Penal Code, 1860 in Sessions Case No.158/2013.

(2.) The prosecution story in the nutshell is that the present appellant who was the accused No.1 went to Police Station, Manatha, Dist. Nanded around 2.25 p.m. on 31/5/2013 and gave information to the police that he had committed murder of one Navnath Kondiba Mahatre on 29/5/2013. It was informed by him at that time to the police and his information was reduced into writing that he had seen his wife and deceased Navnath committing intercourse in sugarcane field on 5/5/2013. The wife of the appellant/accused No.1 thought that accused No.1 had seen her with deceased and, therefore, she went to her parental home and then the present appellant/accused No.1 decided to eliminate Navnath. He got the information on 29/5/2013 that deceased Navnath had gone to attend mass marriage ceremony at Kedarguda and, therefore, he went there and from the marriage ceremony he took deceased and accused No.2 Tanaji Avchar along with him. It is the further prosecution story that after Navnath had purchased two beer bottles they went to forest of Sawargaon village. Accused No.1 and Navnath consumed liquor at Manatha. Accused No.1 intentionally consumed less liquor and then he told deceased that they would bring fish, therefore, they went towards valley, and on the way he assaulted deceased by stone. He dragged the deceased in a Nala nearby and then again threw a big stone on his head, thereby smashing his face.

(3.) It is the further prosecution story that after the said information was reduced into writing, police went along with accused No.1 and the videographer to the spot. Accused No.1 had shown the said spot and then the dead body of the deceased Navnath was discovered. At that place the inquest panchnama as well as spot panchnama was carried out and all of them returned to the Police Station. Thereafter, a detailed statement of the accused No.1 which was recorded by police was treated as First Information Report and the crime was registered. Investigation was taken up. Seizure of the motorcycle of the accused, memory card and clothes of deceased as well as accused was carried out. In the meantime, the dead body was sent for postmortem. The seized articles were sent to chemical analysis. Statements of the witnesses were recorded and after the completion of investigation charge sheet was filed. In the meantime, it was transpired that deceased Navnath was member of Scheduled Caste and, therefore, the investigation was carried out by the Police Officer of the rank of Deputy Superintendent of Police and the offence under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be added. After the committal of the case by learned Judicial Magistrate First Class, Hadgaon, both the accused were produced before the learned Special Judge and the charge was framed for the offence punishable under Sec. 302 of the Indian Penal Code and under Sec. 3(2)(v) of the Prevention of Atrocities Act against both the accused. After they pleaded not guilty trial was conducted.