PRAKASH ASHROBA GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By these two appeals original accused No.2 Prakash and original accused No. 4 Dnyandeo challenge the order of their conviction and sentence in Sessions Case No.165 of 2001 passed by the Ist Adhoc Additional Sessions Judge, Parbhani on 30.01.2006. By the said order accused No.2 Prakash is convicted of the offence punishable under Section 302 of the Indian Penal Code (for short "I.P.C.") and sentenced to suffer imprisonment for life and to pay fine of Rs.100/- in default to suffer simple imprisonment for six months. Accused No.4-Dnyandeo is convicted of the offence punishable under Section 324 of the I.P.C. and sentenced to suffer simple imprisonment for one year with fine of Rs.1000/- in default to suffer simple imprisonment for three months. The two accused have filed separate appeals. Since both the appeals are directed against the same order of conviction and sentence, these appeals are being heard and disposed of together by this common judgment.

(2.) Initially seven accused were charged for committing offences punishable under Section 147, 148 r/w 149, 324, 302 of the I.P.C. By the order the learned Adhoc Additional Sessions Judge convicted accused No.2 Prakash only of the offence punishable under Section 302 of the I.P.C. and acquitted of other offences. Accused No.4-Dnyandeo was convicted only of the offence punishable under Section 324 of the I.P.C. simplicitor and he was acquitted of other offences. Other accused were acquitted of all the offences. There is no appeal filed by the State and as such we have to consider in these appeals whether prosecution has proved the charge against accused No.2-Prakash (hereinafter referred to as "appellant-Prakash"), has committed offence punishable under Section 302 of the I.P.C. We will also have to find out whether accused No.4-Dnyandeo (hereinafter referred to as "appellant-Dnyandeo), has committed offence punishable under Section 324 of the I.P.C. In absence of any appeal by the State, it will not be possible for us to consider if the accused have committed any other offences.

(3.) If we consider the charge at Exh.35, for which the appellants were tried, the offence punishable under Section 302 of the I.P.C. was for committing murder of Aba Dharba Ghule. The charge against appellant-Dnyandeo was for causing hurt to the complainant Datta, Dagadabai, Anjanabai and Shobha the wife of complainant Datta with deadly weapons.