STATE OF MAHARASHTRA Vs. KASHIRAO

JUDGEMENT

(1.) On 27-12-1987 Subhash Warankar (hereinafter referred to as the 'deceased') lost his life and Pundlik (PW-1) was seriously injured. Allegedly, the respondents were the assailants. The Additional Sessions Judge, Amravati found them guilty of offences punishable under Sections 302, 307, 147, 148, 452 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Each was sentenced to undergo imprisonment for life and three years for the offences relatable with Section 302 read with Section 149 and Section 307 read with Section 149, IPC respectively. One person, namely Mohan was tried along with the respondents. Since he died during the pendency of the trial the matter was abated so far as he is concerned.

(2.) Factual scenario according to the prosecution is as follows :

(3.) The prosecution sought to prove the assaults on the deceased and PW-1 with the testimonies of P.Ws. 1, 2, 5, 6 and 7. P.Ws. 1, 5 and 7 were stated to be eye-witnesses. Placing reliance on their version, the conviction was made and sentence was awarded as aforesaid.