MAYARAM RAMSINGH JAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS criminal appeal is filed against the judgment and sentence dated 31st January 1991 passed by the 3rd Additional Sessions Judge at Kolhapur in Sessions Case No. 95 of 1990.

(2.) FEW facts which are necessary to decide this appeal are as under : accused Nos. 1 and 2, the present appellants, were charged under section 302 read with section 34 of the Indian Penal Code for commission of offence of murder of one Gulabsing Narayansing Rajput. They were also charged for commission of offence of robbery under section 392 read with section 34 of the Indian Penal Code. The accused were also charged for the offence of kidnapping with intent to murder under section 364 read with section 34 of the Indian Penal Code.

(3.) IT was contended on behalf of the prosecution that out of accused Nos. 1 and 2, accused No. 1 Mayaram previously visited Kolhapur somewhere in the year 1988 for training himself in the art of wrestling. Thereafter accused No. 1 returned back to his native place in Hariana and again returned along with accused No. 2 on 19th March 1990 to Kolhapur and was there till the night of 21st March 1990. During the aforesaid time both accused Nos. 1 and 2 resided with one Anandrao Chougule, P. W. 11 at Kolhapur, who provided accommodation on payment of Rs. 300/- as rent. However, it appears that on 21st March 1990 both these accused persons decided to proceed towards Karad and hired a taxi bearing No. M. H. L. 9665 of which the driver was Gulabsing Rajput, the deceased. It is the case of the prosecution that the deceased driver Gulabsing took meal at about 9 p. m. on 21st March 1990 and left Kolhapur along with the two accused towards Karad at 11 p. m. The said taxi was seen next day morning by one Sambhaji Sakhalkar who was driving matador MNH 4264 at Pandharpur and after Sambhaji Sakhalkar returned to Kolhapur, he informed Bal Ghatge that he saw the taxi driven by Gulabsing at Pandharpur. However, he also pointed out that Gulabsing was not in the taxi.