RAJU RAGHUNATH LOHAT Vs. STATE OF MAHARASTRA

JUDGEMENT

(1.) Since common questions of facts and law arise in both the appeals, they were heard together and are being disposed of by this common judgment.

(2.) The appellants in both the appeals have challenged the judgment and order dated 8th of October, 2003 passed by the IVth Adhoc additional Sessions Judge, Pune in Sessions case No. 235 of 2002. By the impugned judgment and order all the four appellants have been held to be guilty of the offence punishable under section 302 read with 34 of I. P. Code, and they have been convicted and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/- each, in default to suffer rigorous imprisonment of three months.

(3.) On 13th February, 2002 the deceased met the complainant and narrated the incident of the previous day. Thereafter both of them proceeded towards the garage. While the deceased remained in the garage, the complainant proceeded further to distribute the marriage invitation card in relation to wedding of his daughter. On his way to distribute the cards, the complainant heard shouts from Bhola garage and he therefore, rushed back to the said garage. He saw the accused assaulting the deceased with the weapons in their hands, as a result of which the deceased suffered severe injuries and died on the spot. After the assault, the accused persons ran away in a Fiat Car no. BLL 4127 towards Pune. During the incident some other persons gathered at the spot, including PW-6 Laxman Tukaram Vikare and pw-9 Mohan Yeole, PW-10 Dilip Jagtap. On the basis of report lodged by the complainant, c. R. No. 17 of 2002 was registered, and the investigation was conducted by S. S. Kadam, api of Lonawala (Rural) Police Station, and charge-sheet was then filed against all the four accused persons.