SHESHRAO S O NANA DHAWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure, 1908, challenges the judgment and order dated 30.6.2006, passed by III Adhoc Additional Sessions Judge, Jalna, in Sessions Case No.166 of 2005. The two appellants were tried for a charge of having committed an offence punishable under Section 302 read with Section 34 of IPC. At the conclusion of the trial, they are held guilty, convicted and sentenced to suffer imprisonment for life, fine Rs.5,000/= each, in default, rigorous imprisonment for two years. An amount of Rs.5,000/= from the fine amount, if deposited by two accused, is ordered to be paid to complainant Chandrakalabai, by way of compensation under Section 357 (1)(b) of Code of Criminal Procedure, 1973. Hence, the original complainant is impleaded as Respondent No.2 in the appeal. (It appears that A-1 Sheshrao is in jail since his arrest and he was not enlarged either during pendency of trial, or during pendency of this appeal, on bail. As against this, A-2 Ankush appears to had been on bail during pendency of trial and even during pendency of this appeal.

(2.) Prosecution story can be narrated in brief as under;

(3.) In order to prove its case, the prosecution has examined as many as 13 witnesses. PW-1 Chandrakalabai, PW-2 Nandlal and PW-4 Bhausaheb are the eye witnesses. PW-5 Sominath appears to have reached the location soon after the incident and heard the story from A-1 Sheshsrao that there had been quarrel between deceased Kautikrao and accused. According to this witness, A-1 had told that Kautikrao is still alive, whereafter A-2 Ankush lifted a stone and threw it towards the victim.