VISHAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since, both the aforesaid appeals arise out of a common judgment and order and hence are taken up for hearing together and are being disposed of by this common judgment.

(2.) By these appeals, the appellants challenge the impugned judgment and order dtd. 31/12/2012 passed by the Additional Sessions Judge, Satara in Sessions Case No.71 of 2012. By the impugned judgment and order, the appellants were convicted and sentenced as under :

(3.) The case of the prosecution, as gathered from the material placed on record is that on 12/3/2012 at about 7.45 a.m., the deceased ' Shantaram was sitting on the 'lap' (katta) of Anganwadi. At that time, accused no.1'Vishal @ Sagar Haribhau Nanaware @ Gurav, and accused No.2'Pravin @ Sonya Sanjay Algude came to the spot by motorcycle; the motorcycle being driven by accused no.2; that the accused no.2 gave a dash of the motorcycle to the left leg of deceased, as a result of which the deceased sustained injury to his left leg; that when the deceased bent down, accused no.3'Amol Vitthal Algude and accused no.4 ' Sanjay Jaysing Algude came running and exhorted accused Nos.1 and 2 not to leave Shantaram and to kill him; pursuant to which, accused no.1 stabbed Shataram twice with a knife in the ribs. At that time, Shantaram shouted and the witnesses ran towards Shantaram. The accused fled from the spot. Shantaram was taken to the hospital where he expired and, as such, the FIR bearing C.R. No. 35 of 2012 came to be registered with the Phaltan Police Station by the brother of deceased i.e. Dattatrya Trimbak Sodmise for the offences punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860.