NARAYAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the appellants being aggrieved by the order of conviction and sentence passed by the District Judge-II and Additional Sessions Judge, Nanded in Sessions Case No. 133 of 2004 decided on 7.11.2006, whereby the appellants are convicted of offences punishable under Sections 302 r/w 34 of the Indian Penal Code and under Sections 201 r/w 34 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs. 1,000/- in default to undergo rigorous imprisonment for 2 months for offence punishable under Section 302s r/w 34 of the Indian Penal Code and to suffer rigorous imprisonment for 2 years and to pay a fine of Rs. 500/- in default to undergo rigorous imprisonment for 1 month for offence punishable under Sections 201 r/w 34 of the Indian Penal Code.

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

(3.) As per the first information report lodged by pw1-Jijabai w/o deceased Taterao on 28.4.2004 at about 11.00 p.m. pw1-Jijabai, pw2-Nandabai w/o Gangadhar, pw3-Premala the daughter of deceased Taterao, pw5-Madhav Rajegore and neighbour Maulanbai were chitchatting in the house of Taterao. Taterao was also at the house. The door of the Wada (closed building) was latched. At that time appellant nos. 1 and 2 climbed over the compound wall of the Wada and started abusing Taterao. Thereafter both entered in the Wada and started beating Taterao with stones tied in big handkerchieves and asked whether Taterao had become proficient lawyer and they would kill him. At that time they also threatened pw1-Jijabai, pw2-Nandabai and pw3-Premala. Thereafter the door of the Wada was opened by the appellants. Taterao was taken out and beaten and again brought in the Wada. Nobody came for help though pw1-Jijabai, pw2-Nandabai and pw3-Premala raised shouts. Then the said three ladies went out. As per the first information report, at that time, appellant no. 3-Kesharbai was near door and she was instigating appellant nos. 1 and 2 to set the house on fire and to kill all inmates by fire. By the time Taterao was brought back into the Wada, he was dead. He was not making any movements. Thereafter appellant nos. 1 and 2 placed wooden cot, other wood material on the person of Taterao, poured kerosene on him and set him on fire. In the first information report, it is said that appellant no. 2 Antaji offered pw3-Premala to reach her at her aunt's house and accompanied pw3-Premala to the village locality. Appellant no. 1 Narayan stayed near dead body of Taterao. Appellant no. 3 went away. Appellant no. 1 stayed in the Wada till dead body of Teterao was on fire. Appellant no. 1 threw his own clothes into the fire and also took bath and then went to his house. Thereafter pw1-Jijabai and Maulanbai went to the house of Maulanbai. Pw2-Nandabai out of fear had gone to Shelgaon.