SAGAR ALIAS DHARAMSINGH ALIAS MOTILAL ALIAS DAKU JAIN ALIAS RAJPUT ALIAS KANJARBHAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE instant Appeal is directed against the judgment and order dated-21-8-1999 passed by the learned Additional Sessions Judge, Ratnagiri in Sessions Case No. 3 of 1997 whereby the Additional Sessions Judge convicted the Appellants who were original Accused Nos. 1, 4, 5 for the offence punishable under Sections 302 r. w. 34 and Sections 396 r. w. 397 of the Indian Penal Code and sentenced them to life imprisonment and fine of Rs. 1000/- i. d. R. I. for six months on each count. THEy were also convicted under sections 457 r. w. 34 of IPC and sentenced to suffer R. I. for seven years and to fine of Rs. 1000/- i. d. R. I. for six months. Original Accused no.7 was convicted only for the offence punishable under section412 of Indian Penal Code and punishment of R. I. for seven years and fine of Rs. 1000/- i. d. R. I. for six months was imposed on her for the said offence.

(2.) THE case of the prosecution is that the deceased Ashok Ambre who was a doctor by profession was residing along with his family members at village Pirlote, District Ratnagiri. Nalini Ambre (P. W.1) is his wife. She is a doctor by profession. One Shobha Tambe was working with them as a maid servant and residing at the residence of deceased Ashok along with her one daughter i. e. Sujata Tambe P.W.2 and two sons. One of her sons being Santosh P.W.3.

(3.) AS there was no possibility of immediate arrest of the absconding accused, the trial against eight accused i. e. original accused nos. 1 to 8, was separated by the trial court and the charge was framed against these eight accused for the offences punishable under Sections 457 r. w. 34, 302 r. w. 34 and Sections 396 and 397 of the Indian Penal Code. All these accused pleaded not guilty to the said charge and claimed to be tried. Defence of all these accused is of denial. AS already indicated, the trial Court acquitted four accused persons i. e. original accused no.2 Vasudeo Anant @ Shankar Mali @ Kanjarbhat, original accused No. 3 Firoz Khan Salim @ Rajput @ Kanjarbhat, original accused No. 6 Anil @ Ankush @ Bacchaya Newale and original accused No. 8 Deokany Kashinath Banjara @ Rajput @ Kanjarbhat. The trial Court convicted the original accused Nos. 1 Sagar @ Dharamsingh @ Motilal @ Daku Jain @ Rajput @ Kanjarbhat, original accused No. 4 Charansingh @ Charu Ramesh Varaskar and original accused No. 5 Ram Basnya @ Hari @ Chavan @ Choudhari @ Kanjarbhat for the offence punishable under Sections 302 r. w. 34, 457 r. w. 34 and 396 r. w. 397 of the Indian Penal Code. The trial Court convicted accused No. 7 for the offence under Section412 of IPC and sentenced her to 7 years R. I. and fine of Rs. 1000/- i. d. R. I. for six months. Hence this Appeal by original Accused Nos. 1, 4, 5 and 7. The other accused namely accused Nos. 2, 3, 6 and 8 were acquitted giving them benefit of doubt. So also accused No. 7 was acquitted of the other offences with which she was charged.