DURGAPRASAD SHIVDARSHAN BEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by one Durgaprasad, who is convicted for offence punishable under Section 302, 324, 201 r/w 34 of Indian Penal Code (IPC) and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.500/- and in default to undergo rigorous imprisonment for 3 months for offence punishable under Section 302 r/w 34 of IPC, to suffer rigorous imprisonment for one year and to pay fine of Rs. 200/-, in default to undergo rigorous imprisonment for two months for offence punishable under Section 324 r/w 34 of IPC; and to suffer rigorous imprisonment for three years and to pay fine of Rs. 300/- and in default to undergo rigorous imprisonment for 2 months for the offence punishable under Section 201 r/w 34 of IPC, in Sessions Case No. 127 of 2001 decided by Second Adhoc Additional Sessions Judge, Ahmednagar on 21.06.2002.

(2.) Briefly stated facts giving rise to this appeal may be stated as below:-

(3.) On 13.05.2000 at about 8.00 p.m. Rameshwar (P.W.6) closed his shop and came to his house at Dhamori (Budruk). He was sitting in the house after meals. His sister had taken out utensils for cleaning. His father Badrinarayan aged about 75 years was sitting outside on "Otta". At that time, Sushila (P.W.1) told Rameshwar (P.W.6) that somebody had come and therefore he went out and saw appellant - Durgaprasad and three persons from Uttar Pradesh to whom he described as "Bhaiyye". They were beating father of Rameshwar (P.W.6). Therefore, Rameshwar (P.W.6) went and caught hold of one of the persons. His father also caught another. At that time appellant - Durgaprasad and one more person gave them blows with knife and dagger (gupti). One more person had gun with him. He fired with it. All the culprits were of the age group of 25 to 30 and wearing pant and shirt. One of them was holding chain and Shabnam bag. Due to shouts raised, all those culprits ran away in darkness. Rameshwar (P.W.6) sustained injuries on chest, head and back. People came and took both Rameshwar (P.W.6) and his father Badrinarayan to Municipal Hospital at Rahuri. On way to hospital, Badrinarayan expired. It is stated in the complaint itself that in the light Rameshwar (P.W.6) has seen the culprits and would be in a position to identify them. Complaint of Rameshwar (P.W.6) was registered by police at 11=10 p.m. on 13.05.2000.