RAMRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein take exception to their conviction for having committed offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code (for short the Penal Code). By judgment dated 20-11-2010, the appellants have been sentenced to life imprisonment and to pay fine of Rs.1000/- each, in default to suffer rigorous imprisonment for three months. The appellants herein are the original accused Nos.1 to 3. The accused No.2 was acquitted by the Sessions Court.

(2.) The case of the prosecution is that one Sardarsingh Pawar was resident of village Dongargaon, Tah. Barhanpur in Madhya Pradesh. He used to sell cattle in the districts of Buldana and Aurangabad. On 29-4-2009, said Sardarsingh had sold four bulls to appellant No.1 Ramrao who was from village Mhasala. This sale was effected with the mediation of one Ambadas Taide - original accused No.2 who resided at village Jamthi. Thereafter, on 16-5-2009, two more bulls were sold by said Sardarsingh - the accused No.1. The price of the six bulls sold was Rs.1,62,000/- and it was payable on or about Nag Diwali of 2009. As aforesaid amount was not paid, Sardasingh along with two persons had taken efforts for recovery of the dues. The said two persons and Sardarsingh had stayed with the accused No.2 at village Jamthi. However, as there was no recovery, on 20-12-2009, Sardarsingh left for village Mhasala for recovering the dues from appellant No.1. As Sardarsingh was not heard of after 19/20-12-2009, his son lodged missing report on 25-12-2009 at Dhad Police Station. On 3-1-2010, the police personnel along with son of Sardarsingh inspected the house of appellant No.1 at Mhasala. They asked him to take son of Sardarsingh to his agricultural field. There towards south boundary, they saw some debris covered by throngs and stones. After some earth was removed, there was a foul smell emanating from the said spot. After digging the same, a dead body was found under said debris. The same was identified as being that of Sardarsingh.

(3.) The police prepared spot panchanama and also seized shoes and clothes of the deceased. Thereafter, report was lodged and on that basis, offences punishable under Sections 302, 201 read with Section 34 of the Penal Code were registered. According to the prosecution one axe, blood stained Dhoti and other articles were seized. On completion of investigation, charge-sheet was filed against three accused. As the case was triable by the Sessions Court, it was accordingly committed by the learned Magistrate. All the accused pleaded not guilty and claimed to be tried. On completion of the trial, the learned Judge of the Sessions Court convicted the present appellants in the manner as stated above and acquitted the original accused No.2. Hence, present appeal has been preferred under Section 374(2) of the Criminal Procedure Code (for short the Code).