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R. G. AVACHAT, NEERAJ P. DHOTE
Suresh, S/o. Narayan Sangekar – Appellant
Versus
State of Maharashtra, Through The Police Station Officer, City Police Station, Dist. Hingoli – Respondent


Advocates Appeared:
For the Parties :Mr. V. D. Sapkal [Senior Advocate] i/b Mr. S. R. Sapkal, Adv., Mr. S. J. Salunke, Adv., Mr. Satej S. Jadhav, Adv., Mr. Dhananjay M. Shinde, Adv., Mr. S. D. Ghayal, Addl. PP.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The court's decision clarified that the death of the Deceased was not murder but fell under culpable homicide not amounting to murder, due to the absence of premeditation and the incident occurring in the heat of passion during a sudden quarrel (!) (!) .

  2. The conviction of the accused for murder under Section 302 IPC was modified to culpable homicide not amounting to murder under Section 304(Part-I) IPC, given the circumstances and evidence indicating a sudden fight without premeditation (!) (!) .

  3. The incident involved a land dispute, which was a significant factor in the quarrel that led to the assault. The evidence established that the assault was not premeditated but occurred suddenly during a quarrel over land (!) (!) (!) .

  4. The medical and ocular evidence corroborated the occurrence of injuries inflicted by the accused using deadly weapons such as koyta, axe, stones, and sticks, which were capable of causing grievous injuries and death (!) (!) (!) (!) (!) (!) .

  5. The medical evidence proved that the death was caused by injuries consistent with the assault, particularly a fatal blow to the neck, which was not premeditated but resulted from a sudden altercation (!) (!) (!) (!) .

  6. The accused were found to have acted without premeditation, and the incident was characterized as a sudden fight during a quarrel, which falls under exceptions to murder under the IPC, thus justifying the reduction of charges from murder to culpable homicide not amounting to murder (!) (!) .

  7. The evidence demonstrated that the accused did not share a common object to kill but were involved in a spontaneous act of violence (!) .

  8. The court observed discrepancies and omissions in the testimonies of witnesses, but overall, the evidence was sufficient to establish the assault and death caused by the accused, with injuries on witnesses corroborating the occurrence of violence (!) (!) (!) .

  9. The sentences for the accused, including imprisonment and fines, were adjusted based on the modified conviction, with some accused being acquitted of certain charges due to lack of evidence or inconsistent testimonies (!) (!) (!) (!) .

  10. The appeals filed by the accused were partly allowed, leading to a reduction of charges and sentences, and some accused were acquitted of all charges, while others received lesser sentences for culpable homicide not amounting to murder and related offences (!) (!) (!) (!) (!) .

  11. The court maintained the order of acquittal for certain accused and upheld the conviction and sentences for others, emphasizing that the incident was a spontaneous act without prior planning, thus excluding the intent necessary for murder (!) (!) (!) (!) .

  12. The procedural aspects, including the framing of charges, the evidence of eyewitnesses, medical reports, and discovery of weapons, supported the conclusion that the assault was unpremeditated and occurred during a sudden quarrel (!) (!) (!) (!) .

These points summarize the court's reasoning, findings, and the legal implications regarding the nature of the homicide, the role of the accused, and the final disposition of the appeals.


JUDGMENT :

(Neeraj P. Dhote, J.)

1. As all these Appeals are directed against the Judgment and Order dated 30/07/2018, passed by the learned Additional Sessions Judge, Hingoli, in Sessions Trial No.36/2015, they are decided by this Common Judgment. The operative order of the impugned Judgment reads as under :

    "1. Accused Nos.1 Subhash Shankerappa Satbhai, No.2 Gajanan Shankerappa Satbhai, 3. Shivanand Shankerappa Satbhai and 11. Suresh Narayan Sangekar are convicted under section 235 (2) of Code of Criminal Procedure for an offence punishable under Section 302 of Indian Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs.25,000/- (Rupees twenty five thousand) each. In default to suffer rigorous imprisonment for one year.

    2. Accused Nos.1 Subhash Shankerappa Satbhai, No.2 Gajanan Shankerappa Satbhai, 3. Shivanand Shankerappa Satbhai and 4. Ravi Subhash Satbhai and accused No.11 Suresh Narayan Sangekar are convicted under section 235 (2) of Code of Criminal Procedure for an offence punishable under section 324 of Indian Penal Code and sentenced to suffer Rigorous imprisonment for one year and to pay a fine of Rs.5,000/- (Rupees five thousand each). In default

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