JIWAN SHESHRAO SARATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals arise out of the same judgment delivered in Sessions Trial No. 8 of 2002. They can, therefore, be finally disposed of by a common judgment. The accused No.1 has preferred Criminal Appeal No. 483 of 2003 while accused No.2 preferred Criminal Appeal No. 480 of 2003.

(2.) The two appellants were convicted by the 2nd Adhoc Additional Sessions Judge, Amravati for having committed an offence under Section 302 read with Section 34 of Indian Penal Code. They were sentenced to undergo imprisonment for life.

(3.) The facts shorn of details are as under: Complainant Nilu was married to deceased Chandu. Since their daughter was not keeping well they came to reside with the father of Nilu at Amravati w.e.f. 30.10.2001. On 02.11.2001 while Nirmala and her friends Sharda and Sunita were standing in front of the house they found both accused and Chandu, the deceased standing at a distance of about 15-20 ft. from their house. The accused No. 1 and deceased Chandu were talking to each other. Accused No. 1 was abusing deceased Chandu. Accused No.1 Sahebrao asked accused No. 2 Jiwan to bring the sword. Accused No. 2 Jiwan brought two swords and handed over one of them to accused No. 1 Sahebrao. Accused No.1 Sahebrao then gave a blow on the head of deceased Chandu and another blow was given on the waist. Chandu fell down on the ground. His wife and sister came on the spot. They with the help of others carried deceased Chandu to the hospital. Chandu died of the injuries sustained during attack. His wife Nilu lodged report Ex.56 with the police. The offence was registered and the accused No. 1 and 2 were arrested by the police. Accused No. 1 during the course of the investigation discovered the weapon of the offence, i. e. sword so too the accused No.2 . Police had also seized clothes on the person of accused No.1 Sahebrao. They recorded the statements of the witnesses and the seized articles were sent to the Chemical Analyser.