Decided on August 18,2017

Krunal @ Golu S/O Anil Jaiswal Appellant
The State Of Maharashtra, Through Respondents


V.M.DESHPANDE,J. - (1.) The present appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge-2 Nagpur in Sessions Trial No. 294/2011. By the impugned judgment and order of conviction the appellants are convicted for the offence punishable under Section 302 read with Section 120-B of the Indian Penal Code and they are directed to suffer rigorous imprisonment for life. Insofar as the fine amount is concerned, the appellant no.1-Krunal is directed to pay a fine of Rs.1,00,000/- and in default to suffer simple imprisonment for 2 years. The appellant no.2-Pradeep, appellant no.3-Umesh and appellant no.4- Shrikant were directed to pay a fine of Rs.5,000/- each and in default to suffer simple imprisonment for 2 years. PROSECUTION CASE:
(2.) Murlidhar Pandurang Burade (PW30) was attached to Police Station, Nandanvan, Nagpur as Police Inspector from 09.03.2009 to 21.03.2011. On 11.03.2011 at about 11.00 a.m. he received message from Control Room that one girl is assaulted near KDK College. He therefore rushed to the spot along with his staff. When he reached to Darshan Colony in front of Sachin Beer 3 Bar, he noticed that blood was scattered there. There, he got information that the injured girl who was assaulted is moved to the Medical College and Hospital. He therefore deputed his staff on the spot of the incident and proceeded to GMCH, Nagpur. There he met Dr. Singh in the Casualty Department. He informed him that the girl was brought dead and her dead body is sent to Mortuary. He therefore went to the mortuary and conducted inquest over the dead body. The inquest panchanama is at Exh.- 138. While preparing the inquest panchanama, he came to know the name of the deceased as Monika Dashrath Kirnapure. He thereafter contacted Police Station from where he got knowledge that one person has lodged the complaint about the incident.
(3.) Harishchandra Kaithe (PW28) was Assistant Sub Inspector and was attached to Police Station, Nandanvan. On 11.03.2011 his duty hours were from 10.00 a.m. to 10.00 p.m. On the said day, at about 11.15 a.m. Umesh Avtahnkar (PW1) came to the Police Station and gave his oral report (Exh.73). Upon his report, Harishchandra Kaithe registered a crime vide Crime No. 51/2011 against the unknown persons for an offence punishable under Section 302 read with Section 34 of the IPC and Sections 4 4 and 25 of the Arms Act. Harishchandra also informed about the same to PI Burade (PW30).;

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