Case Note & Summary
The appellants, original accused Nos. 1 to 3, were convicted by the 4th Additional Sessions Judge, Pandharpur, in Sessions Case No. 97 of 2002 for offences under Sections 302, 307, 323 read with 34 of the Indian Penal Code. The case arose from an incident on 17th July 2002, where accused persons allegedly assaulted deceased Uttam Jadhav, Smt. Manisha (PW-5), and minor Ashwini with iron rod, sticks, and axe over a dispute regarding Uttam's marriage and a buffalo grazing incident. Uttam sustained grievous injuries and died. Smt. Manisha's statement was recorded as FIR. The trial court convicted the appellants and sentenced them to life imprisonment etc. The appellants filed Criminal Appeal No. 336 of 2004 challenging the conviction. The High Court heard the appeal; however, the provided text of the judgment ends abruptly, and the final decision, reasoning, and arguments are not included.
Issue of Consideration
Criminal Appeal No. 336 of 2004
Case Details
2011 LawText (BOM) (08) 71
Criminal Appeal No. 336 of 2004
P.R. Arjunwadkar (Appellants), A. S. Pai (Respondent)
Shivaji Shrimant Mandale, Ramchandra @ Dada Sukhadev Jadhav, Pandurang Sukhdev Jadhav
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Nature of Litigation
Criminal appeal against conviction for offences under sections 302, 307, 323 read with 34 of the Indian Penal Code.
Remedy Sought
The appellants sought to set aside their conviction and sentence by the trial court.
Filing Reason
The appellants were convicted and sentenced by the Additional Sessions Judge, Pandharpur, and they filed this appeal challenging the judgment.
Previous Decisions
The 4th Additional Sessions Judge, Pandharpur, in Sessions Case No. 97 of 2002 convicted the appellants on 28th October 2003.
Judgment Excerpts
By the impugned judgment and order passed in Sessions case No. 97 of 2002 the appellants – accused Nos. 1 to 3 were convicted for the offence punishable under Sections 302, 307, 323, read with section 34 of I.P.C.
Uttam disclosed the names of the appellants- accused as his assailants to police persons and said Pandurang Jadhav.
Statement of Smt Manisha (PW-5) was treated as First Information Report (F.I.R.) and offence was registered as C.R. No.114/2002.
Procedural History
On 17th July 2002, the alleged incident occurred. On 18th July 2002 at about 2:30 a.m., FIR was registered based on statement of Smt. Manisha. Investigation led to the filing of charge-sheet and commitment to Sessions Court. The trial court convicted the appellants on 28th October 2003. The appellants filed Criminal Appeal No. 336 of 2004. The High Court heard the appeal and reserved judgment on 28th June 2011, and pronounced judgment on 3rd August 2011.
Acts & Sections
- Indian Penal Code, 1860: 302, 307, 323, 34
