BALU WAGHU WAGHPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant along with two other acquitted accused Raghu his brother and Waghu his father were initially charged with the offences under section 302, 325 and 323 read with 34 of the Indian Penal Code. However after the trial in Sessions Case No. 77 of 1987 concluded the original accused Nos. 2 and 3 Raghu and Waghu were acquitted of all the offences, while appellant-original accused No. 1 came to be acquitted of all other offences except section 325 of the Indian Penal Code for which he has been sentenced to suffer R. I. for two years and a fine of Rs. 500/-, in default R. I. for six months. This judgment and order was rendered by the Additional Sessions Judge, Pune.

(2.) FEELING aggrieved thereby, the appellant has carried this appeal. Mrs. Anita Agarwal appears for the appellant, while Mr. B. R. Patil appears for the State. With the assistance of learned Counsel of both the parties I have gone through the record and papers of the case as well as the impugned judgment.

(3.) THE charge against the appellant and two acquitted accused was that they along with juvenile accused Vithal Waghu Waghpure, on or about 22-10-1986 at about 8. 00 a. m. at Village Gulunche, Zirap Wasti, Taluka Purandhar, District Pune, either individually or in furtherance of their common intention committed the murder by intentionally or knowingly causing the death of Appa Mahadu Mahanwar and thereby committed an offence punishable under section 302 simplicitor or 302 read with 34 of the Indian Penal Code. They were also similarly charged for the offences under section 325 read with 34 and 323 read with 34 of the Indian Penal Code.