BHASKAR CHANDRA LONDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Bhaskar Chandar Londhe-original accused No. 1 has filed Cri. Appeal No. 66 of 2011 and Mahadeo Bhiku Chopade-original accused No. 2 has filed Cri. Appeal No. 289 of 2011. Both the appeals are directed against the judgment and order dated 09.07.2010 passed by the Additional Sessions Judge- 1, Karad, Dist. Satara in Sessions Case No. 15 of 2008. By the said judgment and order, the learned Session Judge convicted and sentenced both the appellants as under:-

(2.) Charge came to be framed against the appellants under Section 302 r/w 34, IPC for causing death of Sanjay, under Section 326 r/w 34 and 324 r/w 34, IPC for causing injuries to Vandana, Tanubai, Vithabai and Pralhad, under Section 452 r/w 34, IPC for entering into the house of Vandana, having made preparation to cause hurt and under Section 506 r/w 34, IPC for giving threats to the witnesses and the deceased. Both the accused pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellants as stated in paragraph 1 above, hence, this appeal.

(3.) We have heard the learned Advocates for the appellants and the learned APP for the State. After giving our anxious consideration to the facts and circumstances of the case, arguments advanced by the learned Advocates for the parties, the judgment delivered by the learned Sessions Judge and the evidence on record, for the reasons stated below, we are of the opinion that the appellants have committed house trespass by entering the house of Vandana in order to assault Sanjay, assaulted Sanjay and during the assault, they caused injuries to the witnesses.