SANTOSH NARAYANRAO CHOUDHARY PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-accused preferred this appeal against his conviction for the offence punishable u/s. 302 r/w. 34 of IPC and sentence of imprisonment for life imposed by the Session Judge, Nagpur in Session Trial no. 405/1995 decided on 9. 10. 1996.

(2.) The case of the prosecution, in brief, is that PW-2 Jayawantibai w/o. Anandrao singare had four sons (including deceased ganesh, aged about 20 years) and three daughters. She was residing in a hut situated to the north of 8th mile stone on Nagpur -Amravati highway. Her husband was serving at Chandrapur. Deceased Ganesh was working as labour on construction site. The co-accused devidas alias Deva s/o. Madhukar Charbhe, aged about 13 years, was residing in new hutment, also situated to the north of the said highway. Appellant Santosh, aged about 17 years and co-accused Devidas alias Deva (whose trial was separated and was sent to juvenile Court) were friends.

(3.) On 3. 5. 1995 at about 9. 30 a. m. the appellant and Deva assaulted Ganesh near the house of Smt. Dongre situated in new hutment. When Ganesh was lying on the road, a big stone was hit on face causing multiple injuries. PW-4 Mukesh s/o. Gulabrao Gajbhiye who saw the incident tried to chase the appellant and Deva, but they ran away. Thereafter PW-4 mukesh went towards the highway to secure an auto-rickshaw for removing injured Ganesh. PW-4 Mukesh was required to wait for auto-rickshaw but he got none. At that time he noticed the appellant and Deva proceeding by the road. Both were apprehended by PW-4 mukesh and others present there. The appellant and Deva confessed their guilt and prayed for pardon. PW-3 Janardhan Bhivaji Gajbhiye informed the police by phone about the incident. PW-2 Jayawantibai also came to know about the incident. She immediately rushed to the place of incident. Ganesh was taken to Wadi police Station by auto-rickshaw and, thereafter, to Mayo Hospital, Nagpur where he was declared dead.