AMOL EKNATH GANGAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the Judgment and Order dtd. 20/03/2013 passed by the learned Additional Sessions Judge-3, Nashik in Sessions Case No.257/2011.

(2.) There were two accused in this case. The Accused No.1 Sunil Phatangare was acquitted and the Appellant who was the original Accused No.2, was convicted. The learned Judge convicted the Appellant for commission of the offence punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860 and sentenced him to suffer R.I. for life and to pay a fine of Rs.1,000.00 and in default of payment of fine, to suffer R.I. for six months. He was granted set-off under Sec. 428 of Cr.P.C. The Appellant was acquitted from the charges of commission of the offence punishable under Sec. 397 of IPC. The Accused No.1-Sunil Phatangare was acquitted of both these charges. According to the prosecution, there were two more accused who had taken part in the offence but they were minors and therefore, their trial was separated.

(3.) The prosecution case is that, the deceased Ramesh Bogati was working in a private company. He was originally from Nepal. On 06/09/2011 at around 08:15 p.m., he was assaulted by some unknown persons. According to the prosecution case, there were four assailants including the present Appellant. He was assaulted near Musalgaon Industrial Area, Taluka Sinnar, District - Nashik and the motive behind this offence was robbery. According to the prosecution case, his mobile phone was taken away by the offenders. One of the drivers passing through the area saw the incident. He went near the deceased who, at that time, was alive. He told that person to inform his co-workers in the company. Accordingly, that person went to the company of the deceased. His co-workers were informed. They came at the spot. The deceased was taken to the hospital but he was declared dead.