ASHISH AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the Judgment and order dated 14th November 2011 passed by the Additional Sessions Judge, Bhokar in Sessions Case No. 81 of 2010, convicting the Appellant -Accused No. 1 Ashish Vishwanath Wachewar for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1000/ - and in default, to suffer further rigorous imprisonment for three months, present Criminal Appeal No. 252 of 2012 was filed.

(2.) THE other Appeal namely, Criminal Appeal No. 354 of 2012 was preferred by the State of Maharashtra against the acquittal of original Accused No. 1 Ashish for the offence punishable under Section 395 of the Indian Penal Code and acquittal of original Accused Nos. 2 -Vishwanath Govind Wachewar, No. 3 - Atul Vishwanath Wachewar, No. 4 Sow. Jayshri w/o Vishwanath Wachewar and No. 5 Ankush Vishwanath Wachewar, for the offence punishable under Section 302 and 395 read with 34 of the Indian Penal Code. Both these Appeals are being disposed of by this common Judgment and Order.

(3.) IN brief the case of the prosecution is that on 18th August 2010 complainant Mohd. Shoyeb s/o Mohd. Samin went to the shop of his elder maternal uncle Mohd. Altaf in the afternoon, when all accused persons were in their shop in Kinhalkar complex located opposite to the shop of his maternal uncle with weapons. Accused No. 1 Ashish Vishwanath Wachewar had knife, Accused No. 2 Vishwanath Wachewar had iron rod, Accused No. 3 Atul Vishwanath Wachewar, Accused No. 4 Sow. Jayashri w/o Vishwanath Wachewar and Accused No. 5 Ankush Vishwanath Wachewar had wooden logs in their hands. They all abused and assaulted Mohd. Altaf by their respective weapons on his head over the land dispute. Complainant Mohd. Shoyed, Mohd. Iqbal and Mohd. Akbar witnessed the incident and tried to separate the quarrel but no avail. Accused Ashish removed Rs. 25,000/ - from the cash box of Mohd. Altaf and went away. Thereupon F.I.R. was lodged. Investigation was made. Statements were recorded, charge -sheet was filed. Trial was held. Evidence was heard by learned Sessions Judge. The learned Sessions Judge recorded the order of acquittal of Accused Nos. 2 to 5 but convicted the Appellant - Accused No. 1 Ashish Vishwanath Wachewar as above. Hence Criminal Appeal No. 252 of 2012 was filed by Appellant -Accused No. 1 Ashish Vishwanath Wachewar.