SADASHIV MUTTAPPA AIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants challenge the judgment and order dated 10th January, 2002 passed by the Sessions Judge, sangli in Sessions Case No. 145 of 2000. The appellants have been convicted and sentenced under section 302 read with section 34 of the Indian Penal Code.

(2.) The charge against the appellants is that on 13th March, 2000 at about 10. 45 a. m. they committed the murder of one Rafiq in furtherance of their common intention. The appellants had approached the complainant, who was running a shop selling betel nuts and betel leaves (a paan shop) near a hotel, had demanded protection money from him. The victim, who was standing near the shop, requested the appellants, who were known to him, not to insist upon such payment. Enraged by the victim's intervention on behalf of the complainant, appellant No. 1 stabbed the victim in the abdomen while appellant No. 2 stabbed him in other places, two or three times with a knife. Both the appellants fled from the spot. The victim staggered towards the turmeric factory nearby. He then collapsed and was removed to hospital for medical aid. The victim succumbed to the injuries within two hours of being admitted in the hospital. The appellants were arrested on a FIR being lodged by the complainant. Offences punishable under sections 302, 504 and 506 of the Indian Penal Code were registered against them. Their trial was then committed to Sessions.

(3.) With the assistance of the learned Advocate appointed for the appellants, who are in jail, and the learned Additional Public Prosecutor, we have perused the entire evidence on record. We have considered the evidence afresh by reappreciating it and we find that we are unable to differ from the view taken by the learned trial Judge.