BUDHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by three accused persons being aggrieved by the order of conviction and sentence passed by the learned Ad-hoc Additional Sessions Judge-III, Aurangabad, in Sessions Case No. 134 of 2005 decided on 28.2.2007, whereby the appellant nos. 1 and 2 are convicted of offence punishable under Section 302 r/w 34 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/-, in default to further suffer rigorous imprisonment for 3 months. Appellant no.3 Mannan @ Munna is convicted of offence punishable under Section 307 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.1,000/-, in default to suffer further rigorous imprisonment for 3 months.

(2.) As per charge framed at Exh.4 by the learned Additional Sessions Judge, appellant nos. 1 and 2 who are husband and wife are charged of committing murders of Sk.Hussain Sk.Chand and Sk.Asad Sk.Kasam in furtherance of their common intention on 26.3.2005 between 8.30 p.m. to 9.00 p.m. at Kadrabad, Taluka and District Aurangabad. Appellant no. 3 who is the son of appellant nos. 1 and 2. Along with juvenile offender Kadir Gafur, he is said to have attempted to commit murder of pw2-Sk.Nawab and thus appellant no.3 is charged of committing offence punishable under Section 307 r/w 34 of the Indian Penal Code. The offences were committed by all the appellants during same incident.

(3.) Briefly stated, facts as narrated in the original first information report Exh.20 are that on 26.3.2005 at about 8.30 p.m. to 9.00 p.m. near the mosque at Kadrabad and in front of the Grampanchayat office, appellant no.3 Mannan @ Munna gave blows with knife to Sk.Asad. Thereafter appellant nos. 1 and 2 and juvenile offender Kadir who were all armed with weapons like knives gave blows to pw2-Sk.Nawab, Sk.Hussain, and pw3-Sk.Pashu, as a result, all the four injured fell down. The appellants and the juvenile offender ran away. Thereafter injured were taken to the Government Medical College and Hospital, Aurangabad where the doctor declared Sk.Hussain Sk.Chand and Sk.Asad Sk.Kasam as dead. Pw2-Sk.Nawab and pw3-Sk.Pashu were admitted for treatment.