MANOJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and order of conviction passed by learned Sessions Judge, Nanded dtd. 28/12/2016 holding appellant Manoj guilty for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentencing him to suffer imprisonment for life, the appellant has preferred instant appeal by invoking Sec. 374 of the Code of Criminal Procedure (Cr.P.C.). PROSECUTION CASE IN NUTSHELL IS AS UNDER

(2.) Siddharth Gajbhare was appointed as a President of the Committee constituted for celebrating Jayanti of Dr. Babasaheb Ambedkar at Govindnagar, Nanded. According to prosecution, accused Arunabai Choudhante and Bhimrao Chaudhante were upset and annoyed on account of such appointment of Siddharth. During the celebration, 7 to 8 boys at Panchsheel square were dancing by playing music. Around 12:00 noon, PW7 Siddharth unplugged the music system (DJ) and therefore, Bhimrao and Arunabai allegedly abused him. In the afternoon, it is the case of prosecution that Manoj assaulted Vicky by means of knife, whereas accused Sachin assaulted PW7 Siddharth also with knife, on the left side of waist. At such time, Ankush, Love and Balu assaulted younger brother of PW7 Siddharth, namely Gautam with sticks, whereas sister of PW7 Siddharth was assaulted by means of fists and slaps. Injured Vicky was taken to the hospital but on examination, he was declared dead. PW6 Shilpa reported the incident to police and on her statement, Vimantal police station registered the crime bearing Crime No.54 of 2014 for offences punishable under Sec. 143 , 147, 148, 149, 302, 325, 323, 504 of IPC . PW13 P.I. Jagdale and PW14 A.P.I. Pisse jointly carried out investigation and charge- sheeted accused and they were made to face trial.

(3.) On conclusion of trial, learned trial Judge reached to a finding that only accused Manoj has committed the offence of sec. 302 of IPC, whereas rest of the accused to be not guilty and so, by its judgment and order dtd. 28/12/2016, awarded sentence of imprisonment for life to the appellant. Hence the appeal. SUBMISSIONS