BHIMAPPA GOPALAPPA KOTTAWAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Accused No.1 Kailash S/o Vishwanath Godse, accused No.2 Bhimappa S/o Gopalappa Kottawar and accused No.3 Nagorao S/o Madhvrao Pachling aggrieved by their conviction in Sessions Case No. 175 of 1996 by II Adhoc Additional Sessions Judge, Nanded, by Judgment dated 13th March, 2002, under Section 302 read with Section 34 of the Indian Penal Code and sentence of life imprisonment and fine of Rs.5,000/- each, preferred Criminal Appeal Nos. 127 of 2002, 125 of 2002 and 126 of 2002, respectively. As common questions are involved, all the appeals are heard together.

(2.) Facts relevant for deciding the appeals may be stated as under :-

(3.) First Information Report [Exhibit 193] dated 14th July, 1996 recorded by PW-1 Ram Choudhary in Civil Hospital, Nanded, at 09.15 a.m. was registered at CR No.95/96 at Mudkhed Police Station, under Section 302 read with Section 34 of the Indian Penal code. On the same day, the incident took place in the night in between 13th July, 1996 to 14th July, 1996. As per First Information Report [Exhibit 193], PW-1 Ram Choudhary, son Uday and other family members were watching movie on Television in the house. Other family members went to sleep. PW-1 Ram and deceased Uday had continued to see Television upto 00.30 midnight. Thereafter, Uday slept in the Television room. PW-1 Ram and PW-2 Mayura slept in drawing room and PW-14 Pushpa slept in adjoining room. At about 02.45 a.m., PW-2 Mayura got up and saw two strangers standing in the drawing room. They had made entry from the main door. She raised shout 'thieves-thieves'. Then all the family members got up. PW-1 Ram rushed to the adjacent room to bring a stick. He saw two persons namely accused No.1 Kailas and the other person who was not identified by him. As Uday tried to chase those persons, PW-1 also chased with a stick towards those persons. As they ran away, he returned back to the house and found that Uday was lying in front of their house with bleeding injury on his chest. He was not in a position to speak. He was brought inside the house. He was unconscious. He was immediately shifted to Civil Hospital, Nanded. There the Doctors declared that he was brought dead. Accordingly, First Information Report was lodged against two persons including one Kailash Godse.