SHRIRAM NAMDEO WAWTALIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by accused who is convicted under sections 363, 367 and 307 of the Indian Penal Code.

(2.) The accused has been sentenced to 10 years simple imprisonment for having committed offence under section 307 of the Indian Penal Code, three years simple imprisonment for having committed offence under section 363 of the Indian Penal Code and five years simple imprisonment for having committed offence punishable under section 367 of Indian Penal Code. The appellant shall hereinafter be referred to as accused.

(3.) The facts giving rise to this appeal are as follows -On the date of the incident, Jivansingh had gone to the Sugarcane Juice center where his friend works. While he was at the Sugarcane Juice Center, one gajanan and the present accused came there. Gajanan told the accused to purchase for him raw mangoes. Gajanan handed over Rs. 10/- to the accused and re. 1/- extra for hiring bicycle. The accused then asked victim Jivansing as to whether he would accompany him. Victim Jivansing agreed to come with him. The accused brought a bicycle, made Jivansingh to sit on the bicycle and took him to one field. Some ladies were working in the adjoining field. Accused said to let them go. After those ladies went away, the accused asked victim Jivansing to remove his clothes. Victim Jivansing was then boy of 14 years. He refused to removed his clothes. Accused got enraged due to this. He strangulated victim jivansing and threw him in the dry well in the nearby field. The victim fell in the well. He suffered injuries and he was in the Well for two days. One Tryambak kalaskar while passing by the Well, heard shouts of the boy from the Well. He along with one of his friends Sunil Halde took Jivansing out of the Well. Jivansing was then taken to the hospital and was under treatment for quite some time. His father lodged the report with the police. The Police registered the offences under sections 307, 366, 367 of the Indian Penal Code. After completion of the investigation, the charge-sheet came to be filed against the accused. The judicial Magistrate (FC) committed the case to the Court of Sessions. The Court of Sessions framed charge and after consideration of the evidence found the accused guilty and sentenced him accordingly.