RUPESH LAHUJI NITNAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three Appeals arise out of the judgment and order of conviction dated 20.9.2012 passed by learned Ad-hoc Additional Sessions Judge-1, Nagpur in Sessions Trial No. 333/2011. These three Appeals were taken up for hearing simultaneously since the evidence and the judgment was common. These three Appeals are decided by this common judgment. Criminal Appeal No. 435/2012 is filed by Rupesh Nitnaware, who was accused No. 5 before the Court below. Criminal Appeal No. 466/2012 is filed by Nilesh Kaware, who was accused No. 2 before the Court below; whereas Criminal Appeal No. 485/2012 is filed by Swapnil Meshram, who was accused No. 1 in the trial Court.

(2.) In Sessions Trial No. 333/2011 the learned trial Court framed the charge against the appellants and Dhiraj Bambole (accused No. 3); Prakash Dongre, (accused No. 4) and accused Vinod Thool (accused No. 6) for the offence punishable u/ss. 302, 324, 452 I.P.C. for committing murder of Ritesh Mankar. Accused No. 1 - Swapnil, accused No. 2 Nilesh and accused No. 5 Rupesh, in addition to the said charge, were also charged for offence punishable u/ss. 323, 324 & 506 I.P.C. for causing injuries to Geetabai and Jeejabai.

(3.) At the time of hearing of the Appeals, Shri S.G. Joshi learned counsel in Criminal Appeal No. 435/2012 appeared. However, the respective counsel in other Appeals chose not to remain present before the Court. The appellants are languishing in jail. This Court is taking the Jail Appeals peremptorily according to their seniority.