SOHEL SHOUKAT JAMADAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three separate Appeals are preferred by original Accused Nos.1, 2 and 3, challenging the Judgment and Order dated 10th July 2013 of Sessions Judge, Sangli in Sessions Case No.141 of 2011. By the said Judgment and Order, these Appellants are convicted for the offence punishable under Sections 302 and 201, read with Section 34, of Indian Penal Code and sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/-, each; in default, to suffer R.I. for one year on the first count and R.I. for five years and to pay fine of Rs. 10,000/-, each; in default, to suffer R.I. for one month.

(2.) Factual matrix of the prosecution case can be depicted as follows :-

(3.) In this backdrop, the incident took place on 12th June 2011. On that day, at about 6 pm, Sagar left the house and thereafter he did not return. His brother Santosh thought that Sagar might have gone to his friend or relative, as he frequently used to do. Therefore, though he made enquiry, he did not lodge any missing complaint with Police. The dead-body of Sagar was found four days thereafter on 16th June 2011 in the early morning at Bandh near the first turn of the Village Kavathe Ekand. PW-8 Santosh went to the spot and found that dead-body of Sagar was kept inside one cement pipe below the road, which was reserved for flowing of the water. He also noticed one footwear (chappal) of Sagar lying on the road and the blood stains, two broken teeth and two broken buttons at the spot. One Axe stained with blood was also lying by the side of the said pipe. He pulled out body of Sagar by holding the legs and found that there were various injuries on the face and neck. He immediately suspected that his brother Sagar was killed by the Appellants herein on account of his love-affair with Ayesha. Hence, he went to Tasgaon Police Station and lodged complaint against all the three Appellants.