DEEPAK DAGDUBA THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the original accused Deepak, who is convicted of offences punishable under Sections 302 and 307 of the Indian Penal Code, by the learned Additional Sessions Judge, Majalgaon in Sessions Case No. 3 of 2005 decided on 30.8.2005. For offence punishable under Section 302 of the Indian Penal Code the appellant is sentenced to suffer imprisonment for life and to pay a fine of Rs.2,000/- in default to undergo R.I. for one year; and for offence punishable under Section 307 of the Indian Penal Code he is sentenced to suffer R.I. for five years and to pay a fine of Rs.1,000/- in default to undergo R.I. for six months.

(2.) Appellant - Deepak was tried with his wife Dwarkabai and mother Sushilabai for committing offences punishable under Section 302, 307, 324 all read with Section 34 of the Indian Penal Code. It is alleged that in furtherance of their common intention the three accused had caused murder of Urmila Gajendra Thorat, attempted to commit murder of Pw6 Gajendra Thorat and also voluntarily caused hurt to Pw9 Malanbai with an axe, a deadly weapon and thus committed offences punishable under Sections 302, 307, 324 each read with Section 34 of the Indian Penal Code. The appellant is acquitted of offence punishable under Section 324 read with Section 34 of the Indian Penal Code. Mother and wife of the appellant are acquitted of all offences charged.

(3.) Briefly stated facts giving rise to this case are as follows.