Advocates:
['R M DAGA', '', 'F N HAIDARI', 'C S BHUTE', 'M G DULLARWAR', 'APP']

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cr-appeal-83-18j.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPEAL NO. 83 OF 2018

1. Santosh S/o. Janardhan Pagrut,

Aged about 36 years, Occ. Panpatti,

2. Gajanan S/o. Janardhan Pagrut,

Aged about 34 years, Occ. Panpatti,

Both R/o. Ghusar, Tah. & Dist. Akola.

. . . APPELLANTS

...V E R S U S..

The State of Maharashtra through

Police Station Officer,

Police Station Akot File,

Akola, Dist. Akola.

. . . RESPONDENT

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Shri R. M. Daga, Advocate for appellants.

Shri V. A. Thakre, A.P.P. for respondent/State.

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CORAM :- V. M. DESHPANDE AND

AMIT B. BORKAR, JJ.

DATED :- 17.08.2021

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1.

Heard.

2.

Through this appeal, the appellants challenged the

judgment and order dated 24.10.2017 passed by learned Sessions

Judge, Akola in Sessions Case No. 228/2014, whereby the appellants

have been convicted and sentenced in the manner as stated herein

below:-

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Under Section 302 r/w. 34 of the Indian Penal Code to

undergo imprisonment for life and to pay fine of 2,000/-, in default

to suffer simple imprisonment for 3 months.

3.

The prosecution case in short is as under :-

The complainant- Gopal Thakre (PW1) is resident of

Village- Ghusar and was running Pan shop near S.T. Stand. The

accused nos. 1 and 2 were also residents of Village – Ghusar and also

running Pan shop in front of Pan shop of Gopal Thakre (PW1) and

therefore, had grudge against Gopal Thakre (PW1), as their business

was adversely affected. On the date of incident at 7.30 a.m. on

30.07.2014, while Gopal Thakre (PW1) was sitting in his Pan shop,

accused nos. 1 and 2 came towards him; accused no. 1- Santosh was

holding knife whereas accused no. 2- Gajanan was having Axe.

Accused picked up quarrel with Gopal Thakre (PW1) and asked him as

to why he opened his shop in front of their shop. Accused no. 2 -

Gajanan assaulted Gopal Thakre (PW1) on his head by Axe whereas,

accused no. 1- Santosh assaulted on Gopal Thakre (PW1) by way of

knife on his chest. At that time, Bhanudas Thakare, uncle of Gopal

Thakre (PW1) tried to intervene. Accused no. 1- Santosh assaulted

Bhanudas by means of knife on his chest and accused no. 2-Gajanan

assaulted Bhanudas using Axe. Bhanudas (deceased) as well as Gopal

Thakre (PW1) sustained bleeding injuries and fell on ground. They

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were rushed to the Government Medical College & Hospital, Akola

however, Bhanudas succumbed to injury whereas Gopal Thakre (PW1)

sustained serious injuries.

4.

The report came to be registered on the basis of statement

of injured- Gopal Thakre (PW1). On the basis of oral report by Gopal

Thakre (PW1) on 30.07.2014, the First Information Report No.

145/2014 was registered for the offence punishable under Sections

302, 307 r/w. 34 of the Indian Penal Code.

5.

The Police carried out the investigation. The Investigating

Officer recorded statements of the witnesses and accused were

arrested. On the basis of the statements of the accused nos. 1 and 2,

weapons used in the crime were discovered. The blood-stained clothes

of deceased- Bhanudas and Gopal Thakre (PW1) were seized and sent

to the office of Chemical Analyzer, Amravati. The Investigating Officer

carried out usual investigation and after completion of the

investigation, he filed charge-sheet in the Court of Judicial Magistrate

First Class, Court No. 2, Akola. The case was thereafter committed to

learned Sessions Judge, Akola as the offences under Sections 302 and

307 of the Indian Penal Code are exclusively triable by the Court of

Sessions.

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6.

The charges were framed against the accused, which were

explained to them in vernacular and for which they pleaded not guilty.

The defence of the accused was of t