BALDEV BALIRAM LONARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by the original accused Nos. 1,2,3 & 5 being aggrieved by the judgment and order passed by the Adhoc Additional Sessions Judge, Amalner in Sessions Case No. 10 of 2005 decided on 27th February, 2006, whereby the accused/appellants were convicted of offence punishable under Section 302 r/w 34 of the I.P.C., Section 307 r/w 34 of the I.P.C. and Section 324 r/w 34 of the I.P.C. Each accused is sentenced to suffer imprisonment for life and fine of Rs.2000/-for offence under Section 302 r/w 34 of the I.P.C.; rigorous imprisonment for five years and fine of Rs.1000/-for offence under Section 307 r/w 34 of the I.P.C. and rigorous imprisonment for one year and fine of Rs. 500/- for offence under Section 324 r/w 34 of the I.P.C. Various terms of imprisonment in default of payment of fine amounts were also awarded.

(2.) It is a case of triple murder and the facts leading to the case may be stated in brief as follows:

(3.) On 19.10.2004 in the afternoon a bull owned by deceased Subhash entered the land of accused Baliram. At that time there was exchange of words between P.W.13-Babulal and accused No.1-Baldev. On the same day i.e. on 19.10.2004 at about 7=00 to 7=30 p.m., appellant No.2 and his sons - appellant No.1 Baldev and appellant No.3 Vinayak started abusing P.W.13 Babulal, P.W.8 - Sharad and others. Appellant No. 4 -Sojabai was also present there. On hearing the abuses it is said that deceased Subhash, deceased Pramod, deceased Jamu, Vasudeo, Babulal and Sharad went to question the appellants regarding the abusing.