SATYASING MAYASING BAVRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this appeal is to a judgment and order of conviction and consequential sentence, passed by Additional Sessions Judge, Jalgaon on 7/11/2020 in Sessions Case, No.101/2017. By the impugned judgment and order, the appellants have been convicted for various offences and consequently sentenced to various terms of imprisonment as detailed in the tabular form below :

(2.) Rahul (deceased) along with his parents would reside at Rajiv Gandhi Nagar, Jalgaon. It was a slum area. The appellants too would reside in the very vicinity. The incident occurred on 12/7/2017 by 10.00 p.m. Rahul was taking dinner alone on the road i.e. at a very short distance from his residence. Appellant Satyasing (A/1) came drunk. He asked Rahul to pay him money for consumption of alcohol. It appears that, A/1 put his hand in a food plate, which was in the hand of Rahul. Rahul got annoyed thereby. A quarrel between the two took place. A/1 caught hold of the collar of Rahul and even hurled expletives at him. Meanwhile, other appellants, the family members of A/1 arrived. All of them allegedly beat up Rahul. A/1 fished out a knife and assaulted therewith on the ribs of Rahul. P.W.7 Mhalsabai, mother of Rahul had intervened. A/1 pushed her against a wall. Her head hit the wall, resulting into blunt trauma. The appellants thereafter fled. Neighbours and family members rushed Rahul to hospital in autorickshaw. Unfortunately, Rahul breathed his last.

(3.) P.W.3 Ajay, brother of Rahul lodged the First Information Report (F.I.R. - Exh.86) against the appellants. A crime vide C.R. No.97/2017 was registered at Ramanand Nagar Police Station, Jalgaon for offences punishable under Ss. 302, 143, 147, 148, 149, 323, 504 of the Indian Penal Code and Sec. 37(1)(3) of the Bombay Police Act against the appellants. A crime scene panchanama (Exh.81) was drawn. Appellants were arrested. Mortal remains of Rahul was subjected to inquest (Exh.89) and autopsy (Exh.147). The seized articles were sent to Forensic Science Laboratory, Nashik. Statements of persons acquainted with the facts and circumstances of the case were recorded. Upon completion of the investigation, a charge sheet was filed against the appellants.