LAWS(BOM)-2024-11-33

HARIBHAU Vs. STATE OF MAHARASHTRA

Decided On November 13, 2024
HARIBHAU Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Extreme penalty provided under the Indian Penal Code (IPC) i.e. Death Penalty imposed by the Sessions Judge is placed before us for scrutiny due to mandate of Sec. 366 of the Code, as well as by virtue of appeal preferred by the accused in terms of Sec. 374[2] of the Code of Criminal Procedure (Cr.P.C.)

(2.) Appellant Nos.1 to 3 were tried and convicted by the Additional Sessions Judge, Akot vide judgment and order dated 17. 05.2024 in Sessions Case No.57/2015 for the offence punishable under Ss. 302 read with Sec. 34 of the IPC and Sec. 506 [Part-II] read with Sec. 34 of the IPC. Though they have also been charged for the offence punishable under Sec. 323 of the Indian Penal Code, however, they were acquitted for the said charge. For offence punishable under Sec. 302 read with Sec. 34 of the IPC, accused nos.1 to 3 have been sentenced to death penalty along with fine of Rs.50,000.00 each, with stipulation of default. For offence punishable under Sec. 506 [Part-II], read with Sec. 34 of the IPC, they have been sentenced to undergo rigorous imprisonment for 7 years along with fine of Rs.10,000.00 each. Both sentences were directed to run concurrently. The trial Court has accorded benefit of set off to accused in terms of Sec. 428 of the Cr.P.C.

(3.) Accused were related to each other. Accused no.1 Haribhau and accused no.2 Dwarkabai are husband and wife, whilst accused no.3 Shyam @ Kundan is their son. They have been charged for committing murder of 4 persons namely Shubham, Dhanraj, Gaurav and Baburao. The deceased are also interrelated to each other. Shubham and Gaurav were sons of Dhanraj, whilst 4th deceased Baburao was real brother of Dhanraj. Not only that rival parties are also related to each other. Accused no.2 Dwarkabai is real sister of deceased Dhanraj and Baburao, and thus, all are in relations.