RAJENDRA SHANKAR RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two Appeals are decided by this common Judgment because they arise from the same Sessions Case. The Appellant Rajendra Shankar Raut in Criminal Appeal No.494 of 2020 was the original accused No.1 and the Appellant Harichandra @ Hari Motiram Pawar in Criminal Appeal No. 295 of 2020 was the original accused No.2 in Sessions Case No.29 of 2014 before the learned Additional Sessions Judge-3, Nashik. The learned Judge, vide the Judgment and order dtd. 6/2/2020 convicted and sentenced the Appellants as follows:

(2.) Heard Mrs. Pushpa Ganediwala, learned counsel for the Appellant in Criminal Appeal No.494 of 2020, Mr. Nitin Sejpal, learned counsel for the Appellant in Criminal Appeal No.295 of 2020 and Ms. Kranti Hiwrale, learned APP for State/Respondent.

(3.) It is the prosecution case that, the Accused No.1 had got married with his wife Priyanka on 29/5/2013. He started suspecting her character. He also wanted money from her family. On both these counts, he started harassing her. He hatched a conspiracy with the Accused No.2 and another accused who was a child in conflict with law. They decided to eliminate his wife Priyanka. He purchased two knives. He paid amount of Rs.10000.00 as advance money to the Accused No.2 with a promise to pay in all Rs.50000.00. On 22/10/2013, the Accused No.1 and his wife had gone to Nashik for the purpose of shopping for Diwali. They started from Nashik to their house in Surgana, in the night. There was one Chirai Ghat on the way. According to the prosecution case, the Accused No.1 stopped their two wheeler at a secluded spot and gave blows with a knife on Priyanka. The other two accused i.e. the Accused No.2 and the child in conflict with law came there. The ornaments worn by Priyanka and the weapon was given by the accused No.1 to the other two accused. Those two accused went away from the spot and concealed the weapon and the other articles. The Accused No.1 on his part inflicted some superficial minor injuries on his person. He called his friend vaguely informing about the incident. According to the prosecution case, the Accused No.1 made a show of becoming unconscious at the spot. His friend, as per the Accused No.1's phone call reached the spot and saw that the Accused No.1 and his wife were lying at the spot. He immediately informed the police; who came at the spot shortly. The Accused No.1 and his wife were taken to the hospital. His wife was declared dead. The Accused No.1 was having superficial injuries on his forearm and on his abdomen. He was treated there. The mother of Priyanka registered an F.I.R. vide the C.R.No.54 of 2013 at Surgana police station against unknown persons. The investigation was started and it was revealed that the offence was committed by the Accused No.1 himself and he had made a show that some dacoits had committed that offence.