DATTU RAMRAO SAKHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants accused have filed this criminal appeal challenging the judgment and order of conviction and sentence passed against them under section 302 read with section 34 I.P.C. by the Bombay High Court Bench at Aurangabad on 5-9-1990. The first appellant is the husband of the third appellant and the second appellant is their son. The prosecution case in brief is as under:

(2.) The appellants denied the charge and claimed to be tried. According to them they have been falsely implicated in the present crime. They had neither gone to the field of Appa nor they had assaulted him. They pleaded that they are innocent and be acquitted.

(3.) The prosecution in support of its case principally relied upon the evidence of eye-witness Sarubai (P.W. 2) (minor) aged about 10 years. Ambubai (P.W. 1), Shivaji (P.W. 4) and Shanker (P.W. 5) were the main witnesses to corroborate the evidence of Sarubai. The prosecution also relied upon the various panchnamas including the panchnamas relating to the recovery of incriminating articles. Dr. Onkar Swami (P.W. 3) performed the autopsy on the dead body of Appa and his report is at Ex. 15. The appellants did not lead any evidence in defence.