SHIVANAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has preferred this Appeal under Sec. 374(2) of Code of Criminal Procedure challenging judgment and order dated 20th July, 2011, passed by 1st Ad-hoc Additional Sessions Judge, Solapur in Sessions Case No.194 of 2009. the appellant (accused no.1) is convicted for the offence punishable under Sec. 302 of Indian Penal Code ("IPC", for short) and sentenced to suffer imprisonment for life and pay fine of Rs.1,000.00. He is also convicted for an offence punishable under Sections 3(1) and 181 of Motor Vehicles act, 1988 and sentenced to suffer imprisonment for one month and pay fine of Rs.200.00. He was acquitted of the offence punishable under Sec. 143, 147 and 506 read with 149 of IPC.

(2.) Prosecution case is that on 20th April, 2009 Hari Rama Tarate, Amol Anna Gund, Arjun Shinde and Dattatraya Kashinath Rathod had been to village Babulgaon, Taluka Mohol to attend marriage of niece of Amol Gund. On that day, in the night at about 10:00 to 10:30 p.m., as they all returned back to village after attending the mariage by Tumtum bearing No.MH-13/G-4327. On same night at about 00:45 hours, they proceeded by Tumtum to drop Dattatraya Rathod at his Vasti. They were proceeding by kachha road near Indian Oil Corporation compound. At that time a Mahindra Pickup Jeep came from opposite direction in high speed and stopped in front of the said Tumtum. Bapu Trimbak Adke, Datta Vishwanath Junjre, Govind Bapu Khalipe, Pramod Andhalkar, and Nagesh Ukhale, were in the Pickup. Shivanand Arvind Dhepe (appellant) was driving the Pickup. There was altercation between accused no.1 and Amol Gund. Accused no.1 and Amol Gund got down from the vehicle. Accused no.1 questioned Amol Gund. There was exchange of words between both of them. Other persons instigated accused no.1 to drive the vehicle on the person of Amol Gund. In pursuant to that accused no.1 (appellant) drove the vehicle on the person of Amol Gund. The head of Amol Gund was smashed under the vehicle driven by accused no.1 and he died on the spot. The accused ran away. Information was received by the police. Hence, police rushed to the spot. Hari Tarate was present at the spot. He narrated the incident. The complaint was recorded and sent to the police station for registration. The offence was registered vide C.R.No.100 of 2009, under Sections 143, 147, 149, 302 and 506 of IPC. Dead body was sent for postmortem. Inquest panchanama was recorded. Blood smeared earth and plain earth were seized. Photographs were taken. Statements of witnesses were recorded. Accused were arrested. Pickup van was seized. On completing investigation, charge-sheet was filed.

(3.) The case was committed to the Court of Sessions. Charge was framed by order dated 3rd Aug., 2010, against six accused for offences punishable under Sec. 143, 147, 302 and 506 read with Sec. 149 of Penal Code and under Sections 3(1) and 181 of the Motor Vehicles Act, against accused. The accused pleaded not guilty and claimed tobe tried. The defence was of total denial.