ROHIT VIJAY BORADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 26/02/2020 passed by the Additional Sessions Judge-4, Nashik, in Sessions Case No.363 of 2017. The Appellant was the original accused No.2. There were two more accused namely accused No.1 Pravin @ Pavan Sunil Donde and accused No.3 Vishal Raju Donde. At the conclusion of the trial, all the accused including the Appellant were convicted for commission of offence punishable u/s 307 r/w 34 of the IPC and were sentenced to suffer rigorous imprisonment for five years each and to pay fine of Rs.5,000.00 each and in default of payment of fine to suffer simple imprisonment for two months. They were acquitted from the charges of commission of offence punishable u/s 135 of Maharashtra Police Act. They were granted set off u/s 428 of Cr.P.C.

(2.) Heard Mr. Pratik R. Kalantri, learned counsel for the Appellant and Mr. S. R. Agarkar, learned APP for the State.

(3.) The prosecution case is that in one marriage ceremony there was quarrel between the accused Pravin @ Pavan Donde and the injured in this case Prakash Donde. On 15/07/2017, at about 10.15 p.m., outside the Gaming zone in Pathardi this incident took place. There was quarrel between the injured Prakash and the accused with reference to previous quarrel during marriage ceremony. It is alleged that the Appellant tried to assault the injured Prakash with a Koyta but Prakash removed that Koyta and threw it away. It is further alleged that accused No.3 Vishal Donde held the injured Prakash from behind and accused No.1 Pravin @ Pavan gave blows with the Koyta on the centre of his head causing grievous injuries. Prakash was taken to a hospital. The police were informed. They recorded his statement and registered C.R.No.189/2017 at Indira Nagar police station on 16/07/2017 at about 03.20 a.m. The accused including the Appellant were arrested on 18/07/2017. Their clothes were seized. In the meantime Spot Panchanama was conducted and Koyta found on the spot was seized. Weapons and clothes were sent for chemical analysis. Statement of witnesses were recorded. The statement of eyewitnesses were also recorded u/s 164 of Cr.P.C. At the instance of accused No.1 one Koyta was recovered. After conclusion of the investigation charge-sheet was filed and the case was committed to the Court of Sessions. The defence of the accused was of total denial. After considering the evidence and after hearing the parties, learned Judge convicted and sentenced the Appellant and other accused as mentioned earlier.