SHANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The captioned appeals, by lifers, are directed against the self-same judgment and order dtd. 12/8/2009 passed by the High Court of Judicature at Bombay, Bench at Nagpur in Criminal Appeal No.7 of 2004. The former appeal was filed by the second and third appellants therein who were accused Nos.2 and 3 in Sessions Trial No.80 of 2002 on the file of Additional Sessions Judge, Bhandara. The sole appellant in the latter appeal was the first appellant in Criminal Appeal No.7 of 2004 and he was the first accused in Sessions Trial No.80 of 2002. During the pendency of the trial, the fourth accused breathed his last and the first appellant in the former appeal viz., Sri Hiralal died during its pendency. Hence, qua him the former appeal stands abated. As per the judgment of the Trial Court the appellants were convicted under Ss. 302 read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter, the IPC) for having committed murder of one Rahul Pundlik Meshram (hereafter referred to as the deceased). They were sentenced to suffer imprisonment for life besides imposing a fine of Rs.500.00and in default of payment of fine they are to suffer rigorous imprisonment for one month each. As per the impugned judgment the conviction and sentences thus imposed by the Trial Court were confirmed. Hence, these appeals.

(2.) The prosecution case, in nutshell, is as follows: -

(3.) Admittedly, there was no eye-witness in this case. Based on the circumstantial evidence, the Trial Court found the appellants guilty and convicted and sentenced them, as mentioned above. Aggrieved by the conviction and consequent sentence, the surviving accused viz., accused Nos. 1 to 3 in the said Sessions Trial preferred appeal before the High Court. After considering the circumstances relied on by the Trial Court and despite its reservation against some of the procedures followed the High Court confirmed the conviction and sentence imposed on appellants by the Trial Court holding that certain proven circumstances are material circumstances and would complete the requisite chain.