VISHNU DAGA PAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY means of this appeal, the appellants impugn the judgment and order dated 17-5-1984 passed by the Additional Sessions Judge, Nasik in Sessions Case No. 83 of 1983, convicting and sentencing them in the manner stated hereinafter. i) Vishnu Daga Pagar under section 302 I. P. C. to imprisonment for life; ii) Dilip Daga Pagar under section 323 I. P. C. ; and iii) Shenaji Daga Pagar under section 324 I. P. C. The learned trial Judge instead of sentencing the appellants Dilip and Shenaji, released them on probation of good conduct on each of them furnishing a bond of Rs. 700/- and to appear and receive sentence as called upon during the period of two years, from the date of the order, and in the meantime to keep peace and be of good behaviour. We are informed that the appellants Dilip and Shenaji have furnished the required bonds. He however, acquitted them under section 302 read with 34 I. P. C. By the said judgment he acquitted Balu Chavan, Arjun Ahire and Rupchand Pagar on all the counts.

(2.) BRIEFLY stated the prosecution case runs as under :-

(3.) IMMEDIATELY after the incident, a bullockcart was called for and in the same, the victims were first taken to Dr. Kamlakar Pagare, P. W. 5, a Medical Practitioner who was also residing in village Utarane. Dr. Kamlakar advised that he could not treat the injuries suffered by them and they should be removed to Nampur. Consequently, they were removed to Nampur. It may be stated that the evidence of some of the witnesses is that appellants Vishnu and Shenaji put Gaman in the bullock-cart and the latter accompanied them upto Nampur and wanted Abhiman and others to proceed to the village and compromise the matter.