The court also imposed a collective fine of Rs 80,000 on the accused and directed that Rs 70,000 from it be paid to the informant and/or the heirs of the deceased.
Representational Image
A Thane court has sentenced two persons to life imprisonment in a case of murder of a grocer and bid to kill his wife after trespassing into their shop in 2017, reported news agency PTI.
Special Judge (MCOCA) Amit M Shete, in the order on May 26, acquitted the two accused of charges under the stringent Maharashtra Control of Organised Crime Act, but convicted them under the Indian Penal Code sections 302 (murder), 307 (attempt to murder), 460 (house trespass/housebreaking) and 34 (acts done by several persons in furtherance of common intention), reported PTI.
A copy of the order was made available on Thursday.
According to the prosecution, the two accused -- Ramashish alias Ashish Rajendra Patel (36) and Sagar Dnyaneshwar Katale (34) -- entered Suresh Gupta's grocery shop in Bhiwandi town on the night of January 26, 2017, while he and his wife Sunita Gupta were sleeping, reported PTI.
The woman testified that her husband confronted the intruders and she raised an alarm. At that point, one of the assailants stabbed her husband in the stomach. He then stabbed her also in her abdomen and both the assailants then fled.
The man was taken to the IGM Hospital, Bhiwandi, where he was declared dead on arrival while his wife received treatment for her injuries.
During the investigation, the MCOCA provisions were invoked due to the accused's alleged previous criminal records.
But Judge Shete observed there was no material brought on record from which it could be said that the accused persons indulged in an organised crime syndicate, reported PTI.
At the most, from the available record, it can be said the accused rather indulged in committing offences like theft and robbery, the court said.
Judge Shete further said, "The evidence, so brought on record by the prosecution, stands firmed and compels to hold the accused guilty of the offence of lurking house-trespass by night, committing murder, attempt to commit murder of the informant (grocer's wife) with the common intention."
The court also imposed a collective fine of Rs 80,000 on the accused and directed that Rs 70,000 from it be paid to the informant and/or the heirs of the deceased.
(With inputs from PTI)
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
