MADHUKAR AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) ACCUSED nos. 1 and 4 in Sessions Trial No. 84/1995 convicted for the offence punishable under Section 302 read with 34 of the Indian Penal Code to imprisonment for life and to pay fine of Rs. 500/ - or in default to suffer rigorous imprisonment for two months as also for the offence punishable under Section 201 of the Indian Penal Code with rigorous imprisonment for three years and same amount of fine or punishment in default vide judgment dated 21 -12 -2002 are before this Court in these two appeals. Accused no. 1 Madhukar is appellant in Criminal Appeal No. 19/2003 while Ramesh is appellant in Criminal Appeal No. 92/2003. Accused no. 2 Padmabai came to be acquitted while the accused no. 5 Manohar was punished with rigorous imprisonment for three years and to pay fine of Rs. 500/ - or in default rigorous imprisonment for two months for offence punishable under Section 201 read with Section 34 of the Indian Penal Code. It is not in dispute that accused Narayan has expired during pendency of this proceedings.

(2.) ACCUSED Madhukar and Ramesh along with other three persons were charged for committing murder of one Chindhaji Vithoba Kolpe between 4 -5 -1995 to 8 -5 -1995. It is further alleged that they destroyed evidence of said offence and thereby committed another offence punishable under Section 201 read with Section 34 of the Indian Penal Code.

(3.) AFTER completion of investigation, the chargesheet was filed and the Court of Judicial Magistrate First Class, Khamgaon made over the matter to Sessions Court for trial.