PRAVIN @ BHANGARYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment of conviction and consequential order of sentence dtd. 24/12/2019, passed by learned Addl. Sessions Judge, Jalgaon, in Sessions Case No.64 of 2017. Vide the impugned order, the appellants have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of Indian Penal Code and therefore, sentenced to suffer imprisonment for life and pay fine of R.7,000/- each with default stipulation. Appellant no.1 ('A1') is in jail since the date of his arrest, while appellant no.2 ('A2') is on bail.

(2.) The facts giving rise to the present appeal are as follows:-

(3.) On 24/2/2017 by 08.00 p.m., Kisan informed PW 1 - Vishal on cellphone that he had come to Pachora for delivery of mineral water bottles of Bisleri brand. After unloading of the bottles, he would visit him (PW 1 - Vishal) at his residence by 10.00 p.m. PW 1 - Vishal and his another cousin PW 2 - Ransing, therefore, went to Jalgaon square for awaiting arrival of Kisan. By 10.00 p.m., he arrived in his Eicher vehicle. He stopped having seen PW 1 - Vishal. There was a closed Egg-Omelette-vending cart. Kisan went behind thereof to ease himself (urinating). Both the appellants were present at the public lamp-post in the nearby. When Kisan was returning, he dashed with A1. Quarrel, therefore, ensued between both of them. A2 gripped Kisan at his waist from behind. A1 knifed on the stomach of Kisan. Kisan tried to get rescued himself. He, therefore, turned. A1 then stabbed in his back. PW 1 - Vishal and some others named in the FIR, rushed Kisan to Rural Hospital, Pachora, in auto-rickshaw. Kisan, unfortunately, succumbed to the injuries during treatment.