SURESH ALIAS SANJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Section 374 (2) of the Code of Criminal Procedure, 1973, by which the appellant-original accused No.1 Suresh challenges his conviction and sentence. The appellant was tried by Ist Adhoc Additional Sessions Judge, Shahada, for offences punishable under Sections 302, 392, 397 read with Section 34 of the Indian Penal Code. At the conclusion of Sessions Case No. 52 of 2001, appellant is held guilty on all three charges. Accused No.2 is held guilty for offences punishable under Sections 302 and 392 of IPC. Because it is alleged that accused No.1 used a big knife ( ) for commission of offence, he alone is held guilty, so far as Section 397 IPC is concerned. Both accused are held guilty for having acted in furtherance of common intention, so far as remaining two charges are concerned.

(2.) According to the prosecution story, on 28.6.2001, at about 4.00 p.m. the two accused committed murder of one Rameshbhai Mangeshbhai Patil in Ujlod Shivar, Taluka Shahada, at a location near the field of PW-8 Khandu Patil. The victim and the assailants had arrived in a trax Jeep, registration No.MH-18/D-311. After killing the victim, the two accused are said to have fled away by the same jeep. However, the jeep failed near village Bamane and accused are said to have been arrested within half an hour after the incident, while they were proceeding towards village Pimparde.

(3.) Apart from six important witnesses referred in the paragraph hereinabove while narrating prosecution story, the prosecution has examined eight more witnesses.