PRAMOD AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order passed by the learned Sessions Judge, Nagpur in Sessions Trial No. 157/09, thereby convicting the appellants for the offence punishable under Sections 120 -B, 364 R/W 34 and Section 302 R/W 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5000/ - each and in default to suffer further R.I. for six months under Section 302 R/W 34 of the Indian Penal Code and further sentencing the accused to suffer imprisonment for five years and to pay a fine of Rs. 1000/ - each and in default to suffer further R.I. for one month under Section 364 R/W 34 of the Indian Penal Code, the appellants have approached this Court by way of the present appeals.

(2.) THE prosecution story as could be gathered from the material placed on record is that the deceased Rakesh - the son of P.W.1 Ramesh Shahu was having love affair with Pranita, the niece of accused No. 1. It appears to be the prosecution case that the accused No. 1 Pramod did not approve of the same. It further appears that on 7.12.2008 the appellants along with some other friends had drinks at Madira Restaurant in the afternoon. It is further the prosecution case that the appellants and the other three accused had assaulted the deceased Rakesh, who had come in the house of the accused No. 1 Pramod's father and thereafter took the deceased in two vehicles, one Alto and the other Opel.

(3.) P .W.1 Ramesh thereafter went to Police Station with his relatives and P.W.2 Raju Patel and narrated the incident to police. The same was reduced in writing and treated as First Information Report which is below Exh. 68. P.W.21 Bipin Shewale registered the offence under Sections 363, 364 & 365of the Indian Penal Code vide Crime No. 285/08 with Ganeshpeth, Nagpur. The FIR came to be registered below Exh. 69 in format. P.W.21 Bipin thereafter flashed the wireless message to all the Police Stations vide Exh. 144. He along with P.W.1 Ramesh searched for Rakesh whole night at different places but could not find him. On the next day morning, P.W.21 Bipin visited the place from where Rakesh was allegedly taken away by P.W.1 Ramesh and his associates and prepared panchnama below Exh. 103 in the presence of panchas. The place was shown to P.W.21 Bipin by P.W.2 Raju. The place was residence of parents of accused No. 1 Pramod.