MORESHWAR AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals filed by original accused Nos. 1 and 3 take exception to the Judgment and order passed by the learned Additional Sessions Judge, Chandrapur, dt. 7.1.2013 in Sessions Case No. 106 of 2011 thereby convicting them for the offences punishable under Sec. 302 r/w. Sec. 120B of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/ - each and in default, to suffer rigorous imprisonment for three months.

(2.) The prosecution story in brief, as could be gathered from the material placed on record, is thus:

(3.) On the next day i.e. on 22.4.2011, at around 11.30 a.m., father of the deceased lodged report below Exh. 37 alleging therein that accused No. 1 Sevaklal had come to his residence at 11.00 a.m. on 20.4.2011. He further stated in the said oral report that, around 4.00 p.m., accused Sevaklal had alone come to his house and without informing anything, went away taking deceased Shankar along with him. He has further stated that deceased Shankar did not come to the house. He received information on 21.4.2011 that his son was found dead on Gadchandur to Rajura road near Thutra Bus Stand. It is further alleged in the said oral report that there was a relationship between accused No. 1 and original accused No. 2 Suvarna wd/o. Shankar Kasti. The report further states that the first informant had a suspicion that accused No. 1 has committed murder of his son. On the basis of the said oral report, the First Information Report came to be lodged below Exh. 38. Investigation was set into motion. Accused No. 1 was arrested on 16.5.2011. During his police custody, on his memorandum below Exh. 103, his clothes, mobile phone sets and five sim cards came to be recovered. Hero Honda Motor cycle was also seized. Accused No. 3 was also arrested on 17.5.2011. On memorandum u/s. 27 of the Indian Evidence Act, 1872, his mobile hand set and mobile phone of deceased, handkerchief, Sim Card and clothes came to be recovered from the house of his mother -in -law. It further appears that the confessional statements of accused Nos. 2 and 3 were also recorded by the learned Judicial Magistrate, First Class, Rajura. Statements of various witnesses were also recorded.