SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has taken an exception to the judgment and order dtd. 29/11/2017 passed by the learned Sessions Judge, Gadchiroli, in Sessions Case No. 121/2015, thereby convicting the appellant for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC). He has been sentenced to suffer imprisonment for life. As such, the appellant and one Dadaji Nimbaji Gajbhiye were tried for the offence punishable under Sec. 302 read with Sec. 34 of IPC, however, the trial Court was pleased to acquit Dadaji.

(2.) The facts in a nutshell are that on 26/7/2015, at Kasavi forest area, when the appellant, along with the informant - Abdul Kadir Abdul Sattar Sheikh - PW1, co- accused - Dadaji and one Vishnu Sahu, was sitting at Railway Station - Desaiganj, a beggar, named Madhukar Shende, was listening to songs on mobile handset of the co-accused - Dadaji. There was one more beggar sitting nearby. The appellant snatched Rs.7.00 from that beggar. On being asked as to why the appellant snatched the money, the appellant beat him. Then, all of them, except both the beggars, went to Navegaon Bandh. After consuming liquor, when they were returning by train, Madhukar met them at Wadegaon Railway Station. The appellant took him in the train, and on not returning the mobile handset, the appellant started quarreling with him. Thereafter, the appellant took him, co-accused - Dadaji and the informant - Abdul Kadir to his home. He took one steel rod. Thereafter, they went inside the forest from Kasavi Phata. Thereafter, both the accused asked Madhukar about the mobile handset, and on his denial, the appellant hit him with steel rod on his leg. When, PW1 tried to intervene, the appellant also beat him. Again, both the accused started beating the deceased, so he fell down. Therefore, PW1 fled away.

(3.) It is further the case of the prosecution that thereafter, both the accused came near Kasavi Phata, and took him to Village - Kondhala. He (Shankar) administered him (Abdul (PW1)) liquor. Thereafter, again they returned to Wadsa. The informant told the incident to one Policeman by name Faiyyaj. He took him to Wadsa Police Station. He told the incident to Police. Wadsa Police took him on the spot. That time, deceased - Madhukar was lying seriously injured. He was moaning. He had injury to his both legs, hands, and blood was oozing. The deceased was taken to Armori Hospital, where Doctor declared him dead. PW1 lodged report, and accordingly, crime was registered against both the accused, vide Crime No. 41/2015 for the offence punishable under Sec. 302 read with Sec. 34 of IPC.