BARKU BABURAO KOLAPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Instant appeal arises out of judgment and order of conviction passed by learned Additional Sessions Judge, Dhule in Sessions Case No. 27 of 2016, holding appellants Barku and Ranjana guilty of committing offence punishable under sec. 302 read with sec. 34 of Indian Penal Code (IPC).

(2.) Informant Rohidas (PW1) set law into motion alleging that, on 5/1/2016, while he was proceeding on Nagpur-Surat highway at 10:00 a.m., he saw dead body of an unknown male person lying in pool of blood with head injury. He reported the incident, on the strength of which crime bearing No.06 of 2016 was registered about murder of unknown person for unknown reasons.

(3.) Investigation revealed complicity of accused. Precise accusation of prosecution is that deceased was troubling accused no.2-Ranjana on account of money. Therefore, she and accused no.1-Barku took deceased after making him consume liquor and then he was assaulted and done to death. Resultantly, both accused were charge-sheeted and tried before learned Additional Sessions Judge, who, on appreciation of evidence, accepted the case of prosecution as proved beyond reasonable doubt and vide above judgment and order dtd. 27/1/2017, convicted and sentenced both appellants for imprisonment for life. Aggrieved by the above, by invoking sec. 374 of the Code of Criminal Procedure (Cr.P.C.), appeal has been preferred by the appellants on various grounds spelt out in the appeal memo.