PRAVIN AJIT DHURVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has approached this Court being aggrieved by the Judgment and Order passed by the Additional Sessions Judge, Washim in Sessions Trial No.97 of 2010, dt.27.8.2013 thereby convicting the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/; in default, to suffer simple imprisonment for three months and also convicting the appellant for the offence punishable under Section 307 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs.2000/; in default, to suffer simple imprisonment for six months.

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

(3.) When Rahul, Gajanan and Sudhakar were proceeding towards Karanja on motorcycle, after crossing some distance, they saw accused Ajit Dhurve and Pravin Dhurve standing by the side of road. Accused Pravin asked as to where they were going. Gajanan replied that they were going to lodge report to Police Station. Accused Pravin abused Sudhakar and told that he himself grazed his cattle in their field and is going to lodge report against them. Pravin manhandled Sudhakar and dealt a sickle blow on his neck. In order to save Sudhakar, Gajanan intervened into the quarrel but accused Ajit beat Sudhakar by means of fist and kick blows. He also caught hold of Gajanan and told accused Pravin that let the duo be killed. Thereafter, Pravin assaulted Gajanan with sickle on his head. Gajanan and Sudhakar had sustained bleeding injuries. Said Rahul tried to convince accused but Pravin gave 24 slaps and also threatened to kill him if he intervened into the quarrel. Rahul then rushed to village Kherda on the same motorcycle. He narrated the above incident to the family members, who brought Gajanan and Sudhakar to Government Hospital, Karanja in an auto-rickshaw.