RAHUL DEVIDAS MAHAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals arise out of the judgment dtd. 4/10/2021 passed by the learned Sessions Judge, Buldana in Sessions Case No.83 of 2016. The appellants in both the present appeals were original accused No.1 and accused No.2 in First Information Report No.0134 of 2016 registered by the respondent - Police Station, Amdapur, District Buldana, for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as, "the IPC").

(2.) Both the accused are convicted by the learned Sessions Court for the offence punishable under Sec. 302 read with Sec. 34 of the IPC and are sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.10,000.00, in-default to further undergo simple imprisonment of one year. Thus, both the present appeals are being decided by the common judgment.

(3.) The appellants herein were prosecuted and charged by the learned Sessions Court for committing murder of one Vinod @ Bablu Sadashiv Mahapure on 31/3/2016 between 01:00 and 01:30 hours in the premises of Cotton Market of Amdapur, Taluka Chikhli, District Buldana. The case of the prosecution was that deceased Vinod Sadashiv Mahapure was paid Rs.8.00 lakh by the appellant - Rahul Devidas Mahapure in Criminal Appeal No.456 of 2021 (hereinafter referred to as, "the accused No.1") for selling the property. However, deceased Vinod did not execute the conveyance in favour of the accused No.1 and hence, the accused No.1 with the help of appellant - Vitthal Ramkisan Dhanwate (hereinafter referred to as, "the accused No.2") in Criminal Appeal No.528 of 2021 committed the murder of Vinod Sadashiv Mahapure by hanging him.