RAHUL AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants question the judgment dated 10.07.2012 delivered by the Additional Sessions Judge 5, Nagpur, in Sessions Trial No. 53 of 2011, convicting them of the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer life imprisonment and to pay fine of Rs.1,000/ each, in default of payment of fine amount, they have to undergo further R.I. for three months. For the offence punishable under Section 307 read with Section 34 of I.P.C., they are sentenced to suffer R.I. for five years and to pay fine of Rs.500/ each, in default of fine they have to undergo further R.I. for two months.

(2.) The Accused Nos. 1 to 3 are convicted under Section 324 read with Section 34 of I.P.C. and sentenced to suffer R.I. for one year and to pay fine of Rs.500/ each, in default of payment of fine, they have to further undergo R.I. for two months. These accused are also convicted under Section 341 read with Section 34 of I.P.C. and sentenced to suffer R.I. for one month and to pay fine of Rs.100/ each, in default they have to suffer R.I. for 15 days.

(3.) Briefly stated prosecution case is that on 12.10.2011 at about 10.00 PM, the complainant Sanjay (PW 1), his father Waman (PW 2) and his deceased brother Ishwar were coming from their field at Village Hudpa, after loading harvested Soyabean in the tractor. The complainant Sanjay was driving it. The deceased Ishwar along with Amit Badge (PW 3) and Mahadeo Shende were riding on the motorcycle in front of the tractor. At about 12 O' clock in the night, they reached near Bus stand of village Mandhal. The accused riding on motorcycle came from behind, overtook the tractor and intercepted motorcycle of Ishwar, they got down from the motorcycle and Accused No. 1 Rahul assaulted Ishwar on his neck by Gupti, due to which Ishwar fell down. Sanjay and Waman ran towards them. Accused No. 3 Shamsundar assaulted his father on his abdomen and right elbow. Accused Dilip assaulted complainant Sanjay on his left middle finger. All three accused then ran away. Sanjay searched for a jeep near village Mandhal but could not find any. In the meanwhile, police had reached the spot and his brother Ishwar was found dead lying on the spot. Waman and Ishwar were taken to hospital by police. The complainant Sanjay then lodged report at Police Station Kuhi.