RAMESH DURGAPPA HIREKERUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals are preferred by original accused Nos 1 to 3, against the judgment and order dated 29 th November, 2013, of Additional Sessions Judge, Pune, in Sessions Case No.231 of 2012, thereby convicting them, for the offences punishable under Sections 120(B), 302 and 201 read with 34 of the Indian Penal Code. They have been sentenced to suffer R.I. for life and to pay fine of Rs.1,000/- each in default to suffer R.I. for one month, on the first count, to suffer R.I. for life and to pay fine of Rs.1,000/- each in default to suffer R.I. for one month, on the second count and to suffer R.I. for 7 years and to pay fine of Rs.1,000/-each in default to suffer R.I. for three months, on the third count, with further direction that all the substantive sentences shall run concurrently.

(2.) For the sake of convenience, in these appeals also, the appellants are referred as accused Nos. 1, 2 and 3, respectively.

(3.) Brief facts of prosecution case can be stated as follows :- On 25.1.2012, in the morning at about 6.45 a.m., P.W.1 Dattatray Kolte, who was serving as watchman at Amarnagari Co- operative Housing Society, Hadapsar, Pune, noticed one dead body without head floating in the well situated outside the compound wall of their society. He also noticed blood stains near the well. He informed about it to the Chairman of the Society and then Chairman, informed about the same to police. P.W.12 ACP Vishwambar Golde, then went to the spot, removed the dead body from the well, conducted inquest panchnama and sent the body for postmortem. At the same time, scene of offence panchnama was made by P.W.12 ACP Golde. On the complaint (Exh.30) lodged by P.W.1 watchman Kolte, C.R.No.20 of 2012 came to be registered at Hadapsar Police Station. The said dead body was identified by P.W.11Parvati Alappa Pujari as belonging to her son Arjun. Accused No.1 was arrested and at his instance decapitated head was recovered from Nagzari Nullah. It was also identified by P.W.11 Parvati, the mother of the deceased. During the course of investigation, the role of accused Nos. 2 & 3 was transpired. At the instance of accused No.2, the blood stained T-shirt of the deceased was seized, whereas at the instance of accused No.3 the blood stained clothes of accused Nos 1 to 3 were seized. All the seized articles were sent to the Chemical Analyzer. In the course of further investigation, the role of juvenile-in-conflict with law, was transpired and at his instance on knife came to be recovered. It was also sent to the Chemical Analyzer. On completion of investigation, P.W.12 ACP Golde, filed chargesheet in the Court of Judicial Magistrate First Class, (Cantonment), Pune against these accused.