ROSHAN JAYWANT PAGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these appeals, the appellants (original accused Nos.1 and 3 to 6) have challenged judgment and order dtd. 10/11/2020 passed by the Court of Additional Sessions Judge (Court No.6), Nashik, hereinafter referred to as the trial Court, whereby the appellants have been convicted and sentenced under Ss. 302, 324, 143, 147, 148 and 307 of the Indian Penal Code, 1860 (IPC). They have been sentenced for imprisonment under the aforesaid provisions, for periods ranging between 6 months to rigorous imprisonment for life, along with directions to pay fine amounts, failing which specific sentences of imprisonment have been imposed. The original accused Nos.2, 7 and 8 were acquitted by the trial Court.

(2.) The case of the prosecution in brief is that in the night of 17/8/2017 at about 10:00 p.m., when Suraj Khode (P.W.4) went for a walk and reached in the front of Happy Games Zone, Kala Nagar, Nashik, he met Amol Nikam (P.W.5) and Nikhil More i.e. the deceased. They were talking on the stairs in the front of Happy Games Zone, when suddenly John Kajale (A6) came from the side of the wall of Venkatesh Krupa Building and said to Nikhil More as to why he had been telling Pravin Kakad to beat Arif Qureshi (A1) and that he would not leave Nikhil More alive. Upon saying this, John Kajale (A6) gave two to three blows using a sickle on the head of Nikhil More and at this point in time, Suraj Khode (P.W.4) and Amol Nikam (P.W.5) started shouting. Sharad Pagare (A3) came to the spot and used a gun to fire one or two shots in the air and Arif Qureshi (A1) appeared on the scene and hit Nikhil More with a sickle on his body, while Roshan Pagare (A4) and Amar Gangurde (A5), gave chopper blows to Nikhil More on his abdomen. It is stated that while Suraj Khode (P.W.4) and Amol Nikam (P.W.5) tried to save Nikhil More, Arif Qureshi (A1) assaulted both of them with sickle blows, thereby causing injuries to the right hand and right thigh of Suraj Khode (P.W.4) and to the left side of back of Amol Nikam (P.W.5). Amar Gangurde (A5) also gave chopper blows on left shoulder and chest of Amol Nikam (P.W.5).

(3.) According to the prosecution, Sachin Kadam (P.W.6) and Ajay Pawar, who knew Suraj Khode (P.W.4), had reached the other side of the road near medical store to buy medicines, and upon watching the assault, they started pelting stones towards the accused persons. Sharad Pagare (A3) at that time, was pointing the gun towards Suraj Khode (P.W.4), who was lying on the floor. But, due to pelting of stones, his attention was diverted and the accused persons ran towards Sachin Kadam (P.W.6) and others across the road. At this point, Suraj Khode (P.W.4) and Amol Nikam (P.W.5) ran towards Balaji Square to save their lives, while Nikhil More was lying in injured condition in front of Happy Games Zone. Suraj Khode (P.W.4) and Amol Nikam (P.W.5) then saw their other friends Gorakh Nathe and Saurabh Junagade at Balaji Square, whom they told about the assault due to which, Nikhil More had been seriously injured. Thereupon, Suraj Khode (P.W.4) and Amol Nikam (P.W.5) and the said Gorakh Nathe and Saurabh Junagade returned to the spot of the incident and took the injured Nikhil More in the Maruti car of Gorakh Nathe to Sanjivani Hospital.