JIWAN DAMAJI LANJEWAR Vs. THE STATE OF MAH.

JUDGEMENT

(1.) By the present appeal, the appellants are questioning their conviction and order of sentence imposed on them by the learned 2nd Ad-hoc Assistant Sessions Judge, Bhandara by the judgment dated 14.7.2004 in Sessions Trial No. 114/2000. By the impugned judgment, the learned Judge of the Court below convicted the appellants for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and directed to suffer rigorous imprisonment for ten years and to pay fine Rs.10,000/- by each of them and in default of payment of fine, to undergo further rigorous imprisonment for six months.

(2.) PW1 Chandan Gondane was Head Constable attached to Police Station, Lakhani. On 20.7.2000, he was on duty as Station Diary In-charge. Vinayak Lanjewar (PW7) handed over a written report to Sunil Jaiswal (PW6), who was Police Inspector of Lakhani police station. He instructed Chandan Gondane (PW1) to register the offence. Accordingly, he registered a crime vide Crime No. 108/2000 for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code. The printed first information report is at Exh.29.

(3.) As per Exh.50, the written report lodged by Vinayak Lanjewar (PW7) on 20.7.2000 at about 5.00 O'clock when he along with injured Tarachand Fande (PW8) were proceeding towards their village Samewada, at that time, near Zilla Parishad School, Pimpalgaon, accused no.1 Jiwan gave push to injured Tarachand, who was sitting on bicycle carrier. Thereafter, accused no.2 Satyawan came there holding knife in his hand. Accused no.1 Jiwan was giving fist blows and that time accused No.2 Satyawan gave 2-3 blows on Tarachand by means of weapon, which was in his hand. The allegation against accused no.3 Kaviraj is that he was exhorting these two accused that they should kill Tarachand.