RAMAJAN KHAJABHAI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 5th June 2002 passed by the III Addl.Sessions Judge, Solapur in Sessions trial No. 211 of 2000, the appellants named above have preferred this appeal on the grounds mentioned in the memo of appeal as also verbally canvassed before us.

(2.) The prosecution story stated briefly is that the complainant Raju Ramchandra Sutar and deceased Shrishail Teli were friends. According to the complainant Raju, accused had ill design about complainant's wife and therefore he wanted him to be admonished. He accordingly visited the house and they had verbal exchange. Thereafter on 18th July 2000 around 2.30 p.m. accused Prakash Manurkar went to the father of the complainant and asked him to control his sons or else he (the accused) would kill them. Latter the complainant came to know about this threat to his father and he therefore went to accost accused in this connection. He was accompanied by the deceased. They were on the way to find the accused and when he came and confronted them, gave a challenge to do whatever they can do, to the accused. Complainant replied that he did not want any such thing to be done but desired peaceful behaviour from the accused. According to the prosecution, this erked the accused, who hipped a country-made pistol from his pocket and shot the deceased in his thigh. When the victim went out to see as to what has happened, other accused gave a knife blow on the back of the victim, because of which he collapsed and was later on found dead. The investigation was carried out on the complaint of the complainant, accused persons were arrested and on completion of the investigation, they were charged under section 302 read with 34 of IPC and u/sec. 27 of the Arms Act.

(3.) The prosecution has examined 12 witnesses and on consideration of their testimony as also other oral and documentary evidence on record, the learned III Addl. Sessions Judge, Solapur came to the conclusion that the accused were guilty of the offence of murder and accordingly convicted them to suffer imprisonment for life.