SAU PANCHASHILA DADA MESHRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal by special leave is directed against Judgment dated July 15, 2002 rendered by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal No. 414 of 1997 by which the conviction of the appellant under Section 302 read with Section 34 of the Indian Penal Code as well as under Section 342 read with Section 34 and imposition of sentence of R.I. for life and fine of Rs. 500/- in default R.I. for nine months for commission of offence punishable under Section 302 read with Section 34 as well as R.I. for six months and fine of Rs. 500/- in default R.I. for one month for commission of the offence punishable under Section 342 read with Section 34, is altered and the appellant is convicted under Section 304, Part II read with Section 34 of the Indian Penal Code and sentenced to R.I. for six years.

(2.) The facts emerging from the record of the case are as under:

(3.) As the offence punishable under Section 302 is exclusively triable by a Court of Sessions, the case was committed to the Court of the learned Additional Sessions Judge, Bhandara for trial. The learned Judge framed charges against the three accused. The same were read over and explained to them. The appellant and others did not plead guilty to the charge and claimed to be tried. Therefore, several witnesses were examined and documents produced by the prosecution to prove its case against the accused. On completion of recording of evidence of prosecution witnesses, the learned Judge explained to the accused the circumstances appearing against them in the evidence of prosecution witnesses and recorded their further statements as required by Section 313 of the Code of Criminal Procedure, 1973. The case of the accused was that of total denial but none of the accused examined any witness in support of the claim that he/she was innocent.