DADIYA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 24th September, 2012 passed by Ninth Additional Sessions Judge, Nagpur, in Sessions Trial No. 59 of 2004, by which the Accused Nos. 1 to 5 were convicted for the offence punishable under Section 302 read with Section 149 of Indian Penal Code, so also for offences under Sections 147, 148, 324 read with Section 149, and 451 r. read with Section 149 of Indian Penal Code, and sentenced to suffer Rigorous Imprisonment for Life, the appellants-accused nos. 1 to 5 have filed these appeals.

(2.) These appeals are taken together for final hearing as they are directed against the common Judgment and Order in Sessions Trial No. 59 of 2004.

(3.) In brief, the prosecution case is, Asha Waghmare [PW 4], informant, lodged a report against Accused Nos. 1 to 5 with Panchpaoli Police Station on 02nd November, 2003. In the report, she stated that she, her husband [since deceased], who was working in Nagpur Municipal Corporation, daughter Komal, and sons Ajay and Sanjay were residing at Yadavnagar, Nagpur, while accused persons were also living in the same locality. Four months before the date of incident, a quarrel had taken place between her husband, Accused No. 1 Niyaz Ali and Accused No.4 Kanija Begum. On the report of Accused No.4 - Kanija Begum, an offence punishable under Section 324, Indian Penal Code, was registered against her husband. Thereafter, they went reside at Chacher. On 02nd November, 2003, her father-in-law came to Chacher and informed that a theft had taken place in her house at Yadav Nagar and, therefore, all of them returned to their house and the incident of theft was reported to Police Station.