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criappeal 611.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL APPEAL NO.611 OF 2014

Rajkumar Chotalal Rajput @ Chela

age 56 yrs, Occ. Nil,

R/o Second Pool, Nehru Nagar,

Jabalpur, Madhya Pradesh.

..Appellant..

(orig. accused)

Versus

The State of Maharashtra,

Through Police Inspector,

Kotwali Police Station,

Ahmednagar,

District Ahmednagar.

..Respondent..

...

Advocate for Appellant : Mr. Girish V Wani

APP for Respondent : Mr. R D. Sanap

...

CORAM : V.K. JADHAV & SHRIKANT D. KULKARNI, JJ.

...

Reserved on : 09.9.2021

Pronounced on : 21.09.2021

…

JUDGMENT :- ( Per V. K. JADHAV, J.)

1.

This appeal is directed against the judgment and

order of conviction passed by the Additional Sessions

Judge, Ahmednagar dated 28.4.2014 in Sessions Case

No.199

of

2013

convicting

thereby

the

appellant/accused for the offence punishable under

section 302 of the Indian Penal Code and sentencing to

suffer imprisonment for life and to pay fne of

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criappeal 611.2014.odt

Rs.1,000/-, in default to undergo S.I. for a further

period of three months.

2.

Brief facts of the prosecution case, are as follows :-

a]

PW-1 complainant Kanna Babu Madrasi is original

resident of Jabalpur (M.P.). PW 1 Kanna Madrasi was

doing the business of selling roots alongwith his family

members. All of them were wandering from one place to

another place for selling roots. On 2.4.2013 PW 1 Kanna

Madrasi had been to Ahmednagar from Jabalpur

alongwith one Omprakash Begel, Jawed Shaikh and

Kaliya Madrasi. PW 1 Kanna Madrasi alongwith his

friends and family members was camping on the foot

path in front of Ahmednagar Railway Station near one

school compound. On 3.4.2013 his brother Raja Madrasi

also came from Jabalpur to Ahmednagar and he has

also started staying alongwith them on the foot path.

The appellant/accused Rajkumar Rajput, who was also

resident of Jabalpur also came to Ahmednagar. The

appellant/accused was also camping with PW 1 Kanna

Madrasi. Left hand of the appellant/accused was

amputed and he was earning his livelihood by begging.

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criappeal 611.2014.odt

b]

The incident had taken place on 4.4.2013 at about

8.30 p.m. On that day, in the morning, the

appellant/accused Rajkumar Rajput had gone for

begging in Ahmednagar City and brother of complainant

deceased Raja Madrasi alongwith his friend had gone for

collecting the roots. At about 4.00 p.m. deceased Raja

Madrasi alongwith Omprakash Bagel, PW 1 Kanna

Madrasi as well as Javed Shaikh returned back. The

appellant/accused Rajkumar Rajput also returned at

about 6.00 p.m. PW 1 Kanna Madrasi then collected

Rs.15/- from each of his friends and brother for

preparing meals and then went towards the Railway

Station. Deceased Raja Madrasi was talking with

appellant/accused Rajkumar Rajput. However, quarrel

had taken place between deceased Raja Madrasi and the

appellant/accused Rajkumar Rajput. Both of them

started giving abuses to each other. PW 1 Kanna

Madrasi then asked them to calm down, but both were

not listening. As per the prosecution story, deceased

Raja Madrasi picked up one cement block lying on the

foot path and thrown the same at accused Rajkumar

Rajput. In consequence of which, the appellant/accused

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criappeal 611.2014.odt

Rajkumar

Rajput

sustained

injury.

The

appellant/accused Rajkumar Rajput then picked up

another cement block from the foot path and assaulted

deceased Raja Madrasi by means of the same. The

appellant/accused Rajkumar Rajput had given 2 to 3

blows of cement block on back side of head of deceased

Raja Madrasi. In consequence of which, deceased Raja

Madrasi sustained severe blee