NITIN LAXMAN PANSARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 1257 of 2003 is preferred by the original Accused No. 2 Nitin Laxman Pansare and Criminal Appeal No. 1433 of 2003 is preferred by original Accused No. 1 Raju Suresh Chavan. These two appeals are directed against the judgment and order dated October 3, 2003 passed by the learned II Adhoc District Judge, Pune in Sessions Case No. 113 of 2002.

(2.) The Appellants were prosecuted for the offences punishable Under Section 302, 307 and 324 read with Section 34 Indian Penal Code (for short IPC). The appellants were convicted of the offences punishable Under Section 302, 307 and 324 IPC and were sentenced to suffer imprisonment for life only Under Section 302 read with Section 34 IPC. Each of them was ordered to pay fine of Rs. 1000/. Learned Sessions Judge did not separately award sentence to the appellants for the offences punishable Under Section 307 and 324 read with Section 34 IPC as they were sentenced to suffer imprisonment for life Under Section 302 IPC. Learned Sessions Judge also gave benefit of set off equivalent to the period of their detention in jail to the appellants.

(3.) It is the case of the prosecution that at about 10.15 p.m. in the night of November 15, 2001 the complainant PW2 Prashant Bhagwat alongwith his uncle Suresh Bhagwat were proceeding towards his house on motorcycle. When they reached near streamlet, Accused No. 1 Raju Suresh Chavan called them and asked them to stop their motorcycle. PW2 Prashant and his uncle Suresh were frightened and they fell down from the motorcycle. Immediately thereafter Accused No. 1 Raju Chavan and Accused No. 2 Nitin Laxman Pansare rushed at them. Both were armed with swords. Both the accused gave sword blows on the head, face, hands and back of Suresh Bhagwat. PW2 Prashant intervened and requested the accused not to beat his uncle, whereupon Accused No. 1 Raju Suresh Chavan gave sword blow on right hand of PW2 Prashant. In the incident his uncle Suresh sustained grievous inujuries and fell down on the spot. After assaulting PW2 Prashant Bhagwat and Suresh Bhagwat both the accused left the spot. Both the injured were taken to Talegaon General Hospital and were admitted.