RAJU MOTILAL RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are taken up together for decision since the challenge therein is to one and the same judgment of conviction and order of consequential sentence dtd. 27/1/2021 passed by the Additional Sessions Judge (11th Court), Aurangabad ('trial Court'). The material part of the order of conviction reads thus :-

(2.) The case of the prosecution was that one Sominath Rathod (deceased) was the resident of Marsavli Tanda, Tq. Phulambri. He would reside alongwith his wife, PW 1 - Vaishali (informant) and two children. His parents would reside separately in a house located just in front of his house. Sominath had lent a sum of Rs.20,000.00 to appellant - Raju and Rs.15,000.00 to appellant - Vijay.

(3.) It was further the case of the prosecution that on 16 th November, 2016, Sominath was at his house alongwith his wife - Vaishali. Appellants - Raju and Vijay came together to his house and gave him a call. Sominath, therefore, went out of the house. Appellant - Raju assaulted Sominath with a knife, while appellant - Vijay beat Sominath with fist and kick blows. When PW 1 - Vaishali intervened, appellant - Raju assaulted her with a knife. Thereafter, appellant - Sanjay came there. He too manhandled Vaishali. Parents-in-law of Vaishali intervened. The appellants then went away.