LAWS(BOM)-2024-1-139

RAMESH @ SHYAM Vs. STATE OF MAHARASHTRA

Decided On January 05, 2024
RAMESH Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Mother and son were tried for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code ('IPC') for committing murder of another son (Gajanan). Mother was additionally charged for voluntarily causing hurt by dangerous weapon to prosecution witnesses Seema, and thereby committed an offence punishable under Sec. 324 of the IPC.

(2.) The Trial Court vide impugned judgment and order dtd. 25/7/2022 in Sessions Case No.17 of 2017 convicted the accused no.1 Ramesh @ Shyam (son) for the offence punishable under Sec. 302 of the IPC, whilst acquitted accused no.2 Sugandhabai (mother) from the charge of murder. However, Trial Court has convicted accused no. 2 Sugandhabai, for the offence punishable under Sec. 324 of the IPC. The Trial Court has sentenced accused no.1 Ramesh to undergo imprisonment for life along with fine of Rs.25,000.00 for the offence punishable under Sec. 302 of the IPC. Accused no.2 Sugandhabai was sentenced to suffer rigorous imprisonment for one year with fine of Rs.2,000.00, for the offence punishable under Sec. 324 of the IPC. Being aggrieved by the aforesaid judgment and order of conviction, both accused have appealed in terms of Sec. 374 of the Code of Criminal Procedure ('the Code').

(3.) The facts of the prosecution case in brief are that, deceased Gajanan was the real brother of accused no.1 Ramesh and son of accused no.2 Sugandhabai. Both brothers were residing separately adjacent to each other. Deceased Gajanan was residing with his wife Seema, minor son Suyog and daughter Vidisha. Both brothers had a property dispute for which deceased Gajanan had filed a Civil Suit.