GAJANAN CHANDRABHAN NAGPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The appellant assails the judgment and order of conviction dtd. 15/9/2020 passed by the learned Additional Sessions Judge, Wardha in Sessions Case No. 13/2017 convicting the appellant for the offence punishable under Ss. 302 and 307 of the Indian Penal Code (IPC) and sentenced him to suffer rigorous imprisonment for life for the offence punishable under Sec. 302 of the IPC and no separate sentence was passed against the appellant for the offence punishable under Sec. 307 of the IPC. Whereas, the Trial Court has convicted the other co-accused for the offence punishable under Sec. 323 of the IPC.

(3.) The case of the prosecution before the Trial Court was that on 2/9/2016 when the complainant's cousin brother Gopal Thakre was gambling, Yogesh Nagpure removed money from Gopal's pocket due to which Gopal, Nitin along with five others had beaten Yogesh Nagpure. Therefore, Yogesh Nagpure lodged a complaint against them and they came to be arrested on 7/9/2016. It is the case of the prosecution that on 8/9/2016, at about 8 a.m., when the complainant was standing in front of his uncle's house, his father Govinda Thakre (since deceased) was crossing the road in front of the house of co- accused- Mangesh Nagpure to go to the house of the complainant's uncle. Co-accused- Mangesh Nagpure threw chilly powder in eyes of the deceased. Appellant- Gajanan Nagpure stabbed deceased- Govinda with knife (Sattur). Chandrabhan Nagpure, Mangesh Nagpure, Gajanan Nagpure and Madhuri Nagpure, wife of Gajanan Nagpure, the co-accused, also assaulted the deceased- Govinda by fists and blows. When the complainant- Bharat Thakre came to the rescue of his father, appellant- Gajanan stabbed him on his left thigh by means of knife. Co-accused- Moreshwar Mandhare also instigated him by shouting "kill him, kill him". Deceased- Govinda was laying injured and the complainant left the spot and went outside the village to Police Station, Pulgaon and lodged the complaint. Accordingly, an offence punishable under Ss. 143,147, 148, 149, 307 and 302 of the IPC came to be registered. The appellant and other co-accused were put on trial. The Trial Court convicted the appellant and other co-accused for the aforesaid offence as mentioned in para no. 2 of the judgment. Hence, the appellant filed the present appeal.