RAJU, RUPRAO BUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned Additional Sessions Judge, Akola, convicted the appellants no.1-Raju & appellant no.2-Jivan, in Criminal Appeal No.343/2002, and acquitted respondent - Nirmala in Criminal Appeal No.402/2004, by his judgment dated 16.3.2002 in Sessions Trial No.226/2000 for the offences punishable under section 302, 201 read with section 34 of the Indian Penal Code. The appellants - Raju & Jivan are sentenced to imprisonment for life and to pay fine of Rs.1000/- each, in default rigorous imprisonment for nine months each, under section 302 read with section 34 Indian Penal Code and Rigorous Imprisonment for one year and to pay fine of Rs.500/-, in default to suffer rigorous imprisonment for the offence under section 201 read with section 34 of Indian Penal Code. They take exception to their conviction and sentence, whereas, the State has challenged the acquittal of respondent - Nirmala, in these appeals, which are being disposed of by this Common Judgment.

(2.) The appellants - Raju and Jivan and respondent- Nirmala, in the respective appeals were prosecuted for the offences under section 302, 201, read with section 34 of Indian Penal Code. It was the prosecution case that the deceased Ramratan was the husband of P.W. 6 Suryakanta and father of P.W. 7 Seema and P.W. 8 Omprakash. They were living along with deceased at village Panori. Accused persons i.e. appellants Raju, Jivan and respondent - Nirmala are neighbors of deceased Ramratan and P.W. 6 Suryakanta. Appellant Jivan used to tease P.W. 7 Seema. It is alleged that he used to poison the ears of guests who were coming to see P.W. 7 Seema and was creating hurdle in the settlement of her marriage. As such deceased -Ramratan had complained against him to the police. P.W. 13 P.S.I. Sanjay Sable had taken preventive action under section 151 of Criminal Procedure Code against the appellant Jivan who was arrested. Since then there were no good terms between the appellants Raju & Jivan, with the said Ramratan and P.W.-6 Suryakanta. There used to be quarrels between them for some or the other reason. On 14.9.2000 at about 10.00 p.m. in the night Ramratan was lying on a quilt in the courtyard of his house. P.W. 7 Seema and P.W. 8 Omprakash were also lying by his side. P.W. 6 Suryakanta was nursing her husband. It is alleged that deceased Ramratan disclosed that at about 2 O'clock in the noon, appellant - Raju was looking at him arrogantly. When this talk was going on, appellant - Raju and Jivan entered into courtyard of their house pushing the compound wall of dry stems. It is alleged that they were armed with pipe like weapon. Appellant - Raju instigated appellant - Jivan saying .Kill Ramratan and he would see.. On his saying so, Jivan gave blow of pipe-like weapon on the head of Ramratan and appellant no.1 - Raju gave blow of similar weapon on his right leg. Ramratan sustained bleeding injuries. P.W.6 Suryakanta his wife, P.W.7 -Seema his daughter and P.W. 8 Omprakash his son tried to obstruct accused - appellants, but in vain and Nirmala [accused] came there and instigated her sons i.e. appellant - Raju and Jivan to kill Ramratan. Thereafter, they caught hold deceased Ramratan and dragged him towards their house. They took him to their house and confined him in a room which was made up of cement. They closed door from inside. Despite requests of P.Ws. Suryakanta, Seema and Omprakash, said Ramratan was not released. On the contrary, the appellant said that they would kill him. Thereafter, P.W.6 Suryakanta, P.W. 7 Seema and P.W. 8 Omprakash started going to village Dhanori. On the way, near drain P.W. 1 Devidas and P.W. 2 Balkrishna met them. Accused appellant Raju and Jivan tried to follow them with sticks in their hands. On seeing P.W. 1 Devidas and P.W. 2 Balkrishna, they ran away. They went to the house of P.W. 1 Devidas. He made efforts to inform about the incident to police on phone, however, he could not contact police on phone. So P.Ws. Suryakanta, Seema and Omprakash left the house of Devidas and went to Chohatta on foot. They stayed at the house of Satyapal in the night. In the morning they went to Police Station - Dahihanda, and P.W. 6 Suryakanta lodged report there. P.W. 13 - P.S.O.- Sanjay Sable was present in the police station, he recorded her report. He registered the offence, as per first information report in a printed form - Exhibit

(3.) Learned Judicial Magistrate First Class, in turn committed the said case to the court of Sessions Akola.