MANIK GANPATRAO TAIWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY these appeals, the original accused have challenged the judgment and order of conviction and sentence passed by 2nd Additional Sessions Judge, Nagpur in Sessions trial No.670 of 2000. Upon conviction for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, the appellants have been sentenced to suffer imprisonment for life and to pay a fine of Rs.3000/ each, in default, to undergo rigorous imprisonment for six months.

(2.) APPELLANT Ramdas Shankarrao Madavi in Criminal Appeal No.354 of 2003 is original accused no.1 while appellant Manik Ganpatrao Taiwade in Criminal Appeal No.308 of 2003 is original accused no.2. Appellants are hereinafter referred to as per their original status in sessions trial.

(3.) IT appears from the evidence of PW 2 Ramkrishna that at the relevant time, there was exchange of words between accused and Madhukar who was in their company. Madhukar gave a slap to accused no.1 Ramdas asking him as to why he (accused no.1) had beaten his relative Kanthya. This witness separated quarrel and went to his house. Later, he came to know through Dashrath Madavi and Bhaurao Ivnate that accused no.1 Ramdas had inflicted knife blow to Madhukar. Further, it is disclosed from the evidence of PW 3 Homeshwar that he followed the trio and saw that after touching the feet of Madhukar near the house of Dhanraj Patte, accused no.1 Ramdas inflicted knife blow in the chest of Madhukar who started running and fell down near the house of Krishna Madavi from where PW 4 Ganesh with the help of some persons, brought Madhukar near School.