LAWS(BOM)-2007-6-149

NATHU KERU BHATRE Vs. STATE OF MAHARASHTRA

Decided On June 13, 2007
NATHU KERU BHATRE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned advocate for the accused and the learned A.P.P. for State.

(2.) Appeal No.456 of 1986 is filed by the original accused No.12 to allow the appeal against the conviction for offence under Section 302 read with 149 of the Indian Penal Code. The other Appeal No.740 of 1986 is filed by the State against the acquittal of accused Nos.1 & 14 by the trial Court. It is to be noted that in all 15 accused faced trial before the Sessions Judge, Raigad in Sessions Case No.59 of 1985 for committing triple murder of Geologist and one of their attendant. The Trial Court found that only accused No.12 was liable for conviction and thus other accused were acquitted and accused No.12 came to be convicted. By an appeal the accused No.12 challenged his conviction and the State found that the acquittal of accused Nos.1 & 14 are wrong and, therefore, the appeal against the respondents-accused.

(3.) The prosecution case was that two junior geologist M.Vidyasagar Reddy and Omkar Jerat were deputed to Raigad District for doing field work in the area. They were staying in village Vahur with their wives. On 25th February, 1985 both the deceased left their respective houses at about 7.00 a.m. for field work and they were accompanied by guide Laxman Sonavane. They did not return back as expected on that day evening and for couple of days. Thereby, Mrs. Suvarna Reddy, wife of Vidyasagar Reddy reported the matter with their landlord Isane who filed the missing report with Mahad police station as per Exh.44.