RAMESH GOPINATH JADHAV Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2011-3-131
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on March 18,2011

RAMESH GOPINATH JADHAV Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

BISHAN SINGH AND ANOTHER VS STATE [REFERRED TO]



Cited Judgements :-

MURLIDHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-8-96] [REFERRED TO]


JUDGEMENT

Shrihari P. Davare, J. - (1.)Heard Shri Joydeep Chatterjee, learned counsel for the appellants and Shri V.G.Shelke, learned A.P.P. for the respondent.
(2.)The present appeal is directed against the judgment and order, dated 7.5.1999, rendered by the learned Additional Sessions Judge, Aurangabad, in Sessions Case No. 276 of 1993, thereby convicting the accused nos. 3 to 6 i.e. appellants herein, for the offences punishable under Sections 323 r/w 34 of the Indian Penal Code, and sentencing each of them to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/with default condition for nonpayment of fine to further undergo rigorous imprisonment for three months.
(3.)In all, seven accused faced the trial in Sessions Case No. 276 of 1993 before the Sessions Court for the offence punishable, under Section 302 r/w 34 of the Indian Penal Code and under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. All the accused were acquitted for the offences punishable, under Sections 302 r/w 34 of the Indian Penal Code and under Section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but appellant nos. 1 to 4 were convicted for offences punishable under Section 323 r/w Section 34 of the Indian Penal Code, deceased namely son of PW2 Eknath Vitthal Ingale were the residents of village Lasur Station, Taluka Gangapur. It is the case of prosecution that on the date of incident i.e. 14.8.1993 at about 7.30 p.m. accused no.2 Shrirang Wakale questioned PW3 Raju Jadhav regarding whereabouts of Vaijinath and on the call of Shrirang Wakale, Vajinath arrived there and accused no.2 further told to Vaijinath that he was called by accused no.4 Ramesh Jadhav. Thereafter PW3 Raju Jadhav, accused no.3 Shivaji Wakale and victim Vaijinath went to the house of accused no.4 Ramesh Jadhav at about 8.15 p.m. After some time, accused no.3 Shivaji Wakale and Dnyaneshwar Barhate i.e. absconding accused, also came there, and Barhate questioned victim Vaijinath that if he had any sister and thereafter gave fist blows on his face and also on the face of PW3 Raju Jadhav and Barhate asked them to come towards the Bus Stand. Moreover, accused no.3 Shivaji Wakale also gave slap on the face of PW3 Raju Jadhav and both were taken towards the Bus Stand where construction work of accused no.4 Ramesh Jadhav was in progress.


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