NARESH UTTAM GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are filed by three accused who are original accused Nos. l, 3 and 4 in Sessions Case No. 69 of 2005 and in which the learned 4th Ad-hoc additional Sessions Judge Jalna on 4-1-2006 convicted them for an offence punishable under sections 364, 302 both read with section 34 of the Indian Penal Code and sentenced each to suffer rigorous imprisonment for 5 years and a fine of Rs. 1,000/- for offence punishable under section 364 read with section 34 of the Indian penal Code and sentenced each to suffer imprisonment for life and to pay fine of rs. 4,000/- for offence punishable under section 302 read with section 34 of the Indian Penal code.

(2.) Originally five accused persons, including present appellants, were put on trial for committing kidnapping and murder of Shivlal yadav at Jalna on 29-3-2005 between 8. 00 and 8. 30 p. m. It is the prosecution case that deceased Shivlal is brother-in-law of PW-11 vimalbai Yadav. On 29-3-2005 at about 8. 30 p. m. the present appellants and other two accused had gone to the house of PW-11 vimalbai Yadav and enquired if her brother dhulkumar Yadav was at the house. Then they were told by Vimalbai that he was not present, they stated that they would take away Shivlal, the brother-in-law of PW-11 Vimalbai. Shivlal stated that he had ache in stomach and would not come. But in spite of pleadings by PW-11 vimalbai Shivlal was taken away in an auto rickshaw which was driven by PW-7 Sk. Rafiq s/o. Hakim. As per the evidence of PW-7 Sk. Rafiq, a boy was taken in the rickshaw from chandan Zhira area and the accused persons had taken him near a brick klin near Mod Talav at Jalna. It is stated that the accused No. 3 Sk. Zakir gave a currency note of Rs. 100/- to PW-7 Sk. Rafiq.

(3.) It is further prosecution case that on 30-3-2005 when PSI Bhalchandra Mohanrao kadam (PW-1 - Exhibit 27) was on duty near jamna Nagar he received a wireless message that in Moti Talav some clothes and one dead naked body were lying and he should go and enquire. PSI Kadam went to the spot and found a person in unconscious naked state, he was injured. He was about 25 to 30 years of age. PSI Kadam took that person in a vehicle to the civil Hospital Jalna. PSI Kadam lodged complaint for committing offences punishable under sections 307, 201 both read with section 34 of the Indian Penal Code against unknown persons. The injured person died while under treatment at hospital at Aurangabad where he was shifted for better treatment. It is also prosecution case that the police gave publication to news item that an injured person was found and he was taken to Government Hospital at aurangabad where he died: