WAMAN BHIMRAO MENDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Fifteen accused convicted by the Second Additional Sessions Judge, Nagpur, in Sessions Trial No. 233 of 2001 on 03.10.2002 of an offence under Section 302 read with Section 149 of Indian Penal Code with life imprisonment and fine of Rs. 500/-each and in default thereof to undergo simple imprisonment for three months, further convicting them of an offence under Section 147 of Indian Penal Code and sentencing them to pay fine of Rs. 500/-each and in default to undergo simple imprisonment for three months, as also holding them guilty of an offence under Section 148 of Indian Penal Code and sentencing them to pay fine of Rs. 500/-each or in default to undergo simple imprisonment for three months, have filed these three appeals under Section 374 of Criminal Procedure Code.

(2.) The case of the prosecution in brief is that all these accused attacked house of victims Jyoti and her husband Jaffer in the night of 17.6.2000. The deceased i.e. Jyoti and Jaffer were at their residence in Nandanwan locality of Nagpur at about 9.30 PM with mother of Jyoti PW-1- Sulochana & Jyoti s three children from first husband Sanjay. The relations between the deceased and accused No. 1- Waman were strained on account of the rivalry in business as Jaffer and Waman were having their pan stalls in the same area. Both sides had lodged reports against each other prior to this incident. On 17.06.2000, these accused persons armed with weapons like swords, knives, dagger, lathis barged in the house of Jyoti and Jaffer, attacked them and killed them on the spot. PW-1- Sulochana lodged First Information Report (Exh. 57) with City Police Station Kotwali and PW- 12 - Police Inspector Khadse conducted the investigation. After completing the same, he filed charge sheet before the Judicial Magistrate First Class, Nagpur, and in turn the said Court committed the case for trial to Sessions Court. The charges were framed vide Exh. 31 and explained to accused (present appellants) who pleaded not guilty and claimed to be tried. The Sessions court recorded the evidence of 12 witnesses tendered by the prosecution and recorded statements of accused under Section 313 of Criminal Procedure Code. The defence of each accused was that of total denial. After hearing oral arguments, the Sessions Court found that the deceased Jyoti and the deceased Jaffer meet with homicidal death and Page 2414 that the prosecution succeeded in proving the guilt of all 15 accused. It accordingly imposed the punishments as mentioned above.

(3.) In this background, we have heard Shri R.M. Patwardhan, learned Counsel for the appellants in Criminal Appeal No. 647 of 2002, Shri R.M. Daga, learned Counsel for the appellants in Criminal Appeal Nos. 678 of 2002 and 684 of 2002 and Shri Doifode, learned Additional Public Prosecutor for the respondents.