RAJESH PRALHAD BAGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. A.S.Manohar, Adv. for the Appellant no.2, Mr.R.M.Daga, Adv. for the Appellant Nos. 3 and 4 and Mr.D.B.Patel, A.P.P. for the Respondent-State.

(2.) This Criminal Appeal is directed against the judgment and order dt. 19.8.2004 passed by the 7th Ad-hoc Additional Sessions Judge, Nagpur in Sessions Trial No.178 of 2003 whereby the appellants were convicted for the offence punishable u/s. 302 r/w. Section 34 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000/-each. The appellant no.1 Rajesh Pralhad Bagade is dead.

(3.) The circumstances which have given rise to the prosecution of the appellants are as follows : On 8.11.2002 at 9.00 P.M. Chandrabhagabai (PW 1) along with her son (deceased Kisan) was going to hospital of Dr.Shende for treatment of Kisan. However, when they reached near the public toilet, Kisan told his mother Chandrabhagabai that he would go to the hospital next day and therefore, both of them were returning back to their house. At about 9.30 P.M. when they came near the house of appellant no.1 Rajesh Bagde, Chandrabhagabai saw that appellant no.1 Rajesh, appellant no.2 Chetan, appellant no.3 Arvind and appellant no.4 Pravin were standing near the house of appellant no.1 Rajesh. All of them caught hold of Kisan and started assaulting him by their respective weapons. Appellants Rajesh and Chetan assaulted Kisan by means of knives and appellant Pravin inflicted injuries on the person of deceased by means of big knives. Kisan fell down on the road opposite to the house of appellant Rajesh Bagde. Chandrabhagabai started shouting. Her house was very close to the place of incident, so she rushed towards her house and immediately thereafter returned to the spot of occurrence along with her daughter Durga Diwakar Ghutke (PW 9) as well as other relatives. It is the case of the prosecution that, when these people reached the spot of occurrence, assault on Kisan by the appellants with their respective weapons was going on. The appellants after seeing Chandrabhagabai and others ran way from the spot of occurrence leaving injured Kisan on the spot. Kisan was taken to Mayo hospital in unconscious state where doctor, after examining him, declared him dead.