ABDUL AHAD S/O ABDUL SAMAD DESHMUKH Vs. STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION, BADNERA, DISTRICT AMRAVATI

JUDGEMENT

(1.) The appellants have challenged the impugned Judgment of conviction dt.19.7.2005 in Sessions Trial No.228 of 2002, by which the appellant nos.1 to 3 are convicted for the offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.100/ each, in default to suffer further rigorous imprisonment for six months.

(2.) The case of the prosecution/complainant, in short, is as under :

(3.) Wife of Rambabu reached on the spot. She was also beaten by accused nos. 1 and 2. Rambabu was seriously injured. He was taken to the Police Station by his brother and wife. The statement of Bhikulal was recorded by police. It was treated as a First Information Report. Injured Rambabu was referred to the Government hospital. He died during the treatment. Initially, the offence punishable under Section 307 r/w. Section 34 of the Indian Penal Code was registered. After death of Rambabu, the offence punishable under Section 302 of the Indian Penal Code was added.