BHUJANG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Criminal Appeal, the appellant [ Original Accused No.1 ] is challenging the judgment and order dated 12th February, 2012 passed by the learned Additional Sessions Judge, Basmathnagar, Dist. Hingoli, in Sessions Case No.32 Of 2009 thereby convicting the appellant G.A.Ghule (P.A.) for the offence punishable U/Section 302 of the Indian Penal Code, 1860, [ In short, the I.P.Code ] and directing to undergo imprisonment for life and to pay fine of Rs.2000/- [Rs. Two Thousand only] and in default of payment of fine, to undergo further rigorous imprisonment for six [6] months. The appellant / accused was also convicted for the offence punishable U/Section 201 of the I.P.Code and was directed to undergo imprisonment for one year and to pay fine of Rs.1000/- [Rs. One Thousand only] and in default of payment of fine, to undergo further rigorous imprisonment for one [1] month.

(2.) Originally the Charge was framed against five persons alongwith the present appellant, by the learned Additional Sessions Judge, Basmathnagar that, on 30th June, 2007 all the accused persons in furtherance of their common intention, committed murder of Dhrupatabai Bhujang Panpatte and further with their common intention concealed the dead body of Dhrupatabai under the dried leaves of sugarcane in the field of Phulchand Aaglave knowing that the offence of murder has been committed, with the intention of screening themselves from legal punishment and, thereby, Charge [ Exh.No. 16 ] for the offence punishable U/Section/s 302, 201 read with 34 of the I.P.Code was framed on 13th July, 2010.

(3.) In order to substantiate the Charge, the prosecution agency has examined in all eight [8] witnesses and also relied upon certain documents. The learned Addl.Sessions Judge, Basmathnagar after appreciating the evidence of prosecution witnesses, as brought on the record, acquitted the rest of the accused; however convicted the appellant, as discussed in first paragraph of this Judgment.