RAMAKANT MURHARI AALAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the appeals are arising out of judgment and order passed by learned Sessions Judge, Latur in Sessions Case No. 108 of 2014 and are therefore taken up and decided by way of this common judgment. FACTS GIVING RISE TO SESSIONS TRIAL

(2.) Appellants, i.e. accused no.1-Hanmant and accused no.2- Ramakant were chargesheeted by Chakur Police Station, Latur for commission of offence punishable under Sec. 302 r/w 34 of the Indian Penal Code [IPC] on the premise that, they intentionally and knowingly committed murder of Vikas by assaulting him with axe for maintaining illicit relations with wife of accused no.2-Ramakant. Brother of deceased Vikas i.e. PW2-Govind set law into motion by approaching Chakur Police Station informing that deceased Vikas had kept his wife and children at Latur for education purpose and deceased was cultivating his own land at village Bothi by engaging servants and he was commuting between Latur and Bothi and at sometimes stayed at Bothi itself for agricultural purpose and mostly stayed in the house of accused Ramakant. Informant alleged that on 6/7/2014, both accused persons were in the company of deceased Vikas and they together enjoyed party in the field and on the intervening night of 6/7/2014 and 7/7/2014, in the backdrop of suspicion of illicit relation between deceased Vikas and wife of accused no.2-Ramakant, both accused persons assaulted deceased with axe. Hence the FIR Exhibit 39.

(3.) After investigation, accused were chargesheeted and after framing charge trial was conducted during which prosecution examined in all 9 witnesses and relied on documentary evidence. Learned trial Judge appreciated and analyzed the above evidence and concluded that prosecution has established the charge and thereby convicted and sentenced both accused to suffer imprisonment for life and to pay fine and in default, to suffer rigorous imprisonment. It is the above judgment and order of conviction which is assailed herein by both the appellants by invoking Sec. 374 of the Code of Criminal Procedure [Cr.P.C.] RIVAL SUBMISSIONS On behalf of the appellants: