MADHAV UKAJI DHUTRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal challenges judgment and order dated 17.06.2013 passed by learned Additional Sessions Judge, Nanded in Sessions Case No.27 of 2011 convicting the appellants from amongst 10 accused who were charged for offence of rioting with deadly weapons, murder, criminal intimidation, attempt to commit murder r/w certain offences punishable with The Arms Act and The Bombay Police Act. Some accused were separately charged only with offence punishable under Sec. 212 of the Indian Penal Code. Hereinafter the appellants would be referred to as per their designation in the Lower Court.

(2.) Prosecution alleged that on 11th Aug. 2010 the appellants and other accused formed unlawful assembly with deadly weapons and due to previous inimical incident attacked Maroti. They dragged Maroti from his house and dealt several blows of deadly weapons. Other witness who came for rescuing Maruti was also attacked causing him grievous injuries. Prosecution examined 10 witnesses. Gist of their evidences, in short can be stated as under:-

(3.) Prosecution Witness No.2 Ushabai -wife of deceased Maruti- stated that she stayed at Prabhat Nagar with her husband Maruti and four children. In the neighbourhood her husband's brothers and their families resided. The accused were also staying in neighbourhood. One Anil son of accused No.1 Madhav had love affair with her daughter Sukeshini.