LALCHAND B PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals have been filed to challenge the judgment and order of the I Adhoc Additional Sessions Judge, Raigad-Alibaug dated 31.3.2003. Appeal No.574 of 2003 has been preferred by accused No.1 before the trial Court and Appeal No.575 of 2003 has been filed by accused No.3. Both these appeals have been heard together. The appellants had been arraigned as accused together with three other persons in Sessions Case No.207 of 1998. The present appellants have been convicted for offences punishable under section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. Accused No.3 has also been convicted for the offence punishable under section 5 r/w 27(1) of the Arms Act and has been convicted and sentenced to suffer rigorous imprisonment for three years. Accused No.1 has been acquitted of the offences under the Arms Act. The other accused namely accused Nos.2, 4 and 5 were acquitted of all the offences for which they were charged.

(2.) The case of the prosecution is that one Mukund Janu Mhatre who was the Sarpanch of village Khatari was running a brick kiln business. On 1.12.1997, at about 11 am, the victim Mukund was walking towards the S.T. stand with his nephew Sitaram. His brother, Kushendra was standing at the bus stop. He noticed Sitaram proceeding towards the brick kiln while Mukund walked towards the village. Three persons riding a Yamaha motor cycle stopped near the victim. Two persons got off the pillion seat of the motor cycle. Gun shots were fired at Mukund as a result of which he collapsed on the road. Kushendra rushed to the victim's aid when shots were also fired at him. He managed to avoid those shots. Kushendra and Sitaram took the victim to the Municipal dispensary in Panvel in an auto rickshaw. On reaching the hospital, he was declared dead before being admitted to the hospital. Kushendra then lodged a complaint with the police against unknown persons. The complaint was registered and the police carried out investigations commenced. The accused No.1 was arrested on 31.12.1997 while accused No.3 was arrested on 14.1.1998. They and the other 3 accused were all charged for having committed the offences punishable under sections 302, 307 r/w 34 of the Indian Penal Code as also section 7 r/w sections 25(1)(a) and 5 r/w section 27(1) of the Arms Act. Their trial was committed to Sessions. The I Adhoc Additional Sessions Judge, Raigad-Alibaug has convicted and sentenced the accused as aforesaid.

(3.) The prosecution has relied on the evidence of 6 witnesses, three of whom were eye witnesses, i.e., PW2, PW4 and PW5. PW1 is the Special Executive Officer, who conducted the Test Identification Parade. PW3 is the Medical Officer who performed the autopsy. PW6 is the Investigating Officer. With the assistance of the learned Assistant Public Prosecutor and the learned Advocates appearing for the accused-appellants, we have scrutinised the evidence on record and the impugned judgment. We have independently assessed the evidence on record and have drawn the same conclusions which were reached by the Sessions Court.