LAWS(BOM)-1984-7-31

BHASKAR PANDIT KADAM Vs. STATE OF MAHARASHTRA

Decided On July 23, 1984
BHASKAR PANDIT KADAM Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) In Sessions Case No. 68 of 1982 tried by the learned Additional Sessions Judge of Nasik, four persons were tried for offences punishable under section 302 read with section 34, section 307, section 323 and section 504, all of the Indian Penal Code. The appellants in this appeal were accused Nos. 1 and 2, while accused Nos. 3 and 4 before the learned Sessions Judge were acquitted of the offences with which they had been charged. For the sake of convenience we will refer to the appellants as accused Nos. 1 and 2 and we will not refer to the evidence relating to accused Nos. 3 and 4 at all except where in the context of the discussion of evidence relating to accused Nos. 1 and 2 their names appear.

(2.) The charged framed against the accused was that they in furtherance of their common intention committed the murder of one Gokul Trimbak Jadhav at 11-30 p.m. on 8th March, 1982. The incident in which the said Gukul Trimbak Jadhav was killed took place at Sinnar town in Sinnar Taluka of Nasik district. As an alternative charge accused No. 2 alone was charged with the offence of committing the murder of the said Gokul Trimbak Jadhav and thus committing an offence punishable under section 302 of the Indian Penal Code. It may be stated here that the learned Sessions Judge has ultimately convicted accused No. 2 alone of the offence punishable under section 302 of the Indian Penal Code.

(3.) Accused No. 1 was further charged with the offence punishable under section 307 of the Indian Penal Code for having caused knife injuries to one Krishnabai Pandurang with such intention or knowledge and under such circumstances that if by the act committed by accused No. 1 death had ensued, he would have been guilty of the offence punishable under section 302 of the Indian Penal Code.