GAFRYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard Shri R.K.Rathore, learned Amicus Curiae appearing on behalf of the appellant as well as Shri Nishant Ramakantrao Katneshwarkar, learned counsel appearing on behalf of the respondent-State of Maharashtra.

(2.) We have perused the record and considered the judgment and order passed by the Trial Court as well as the impugned judgment and order passed by the High Court convicting the accused for the offence punishable under Sections 147, 148 and 302 read with 149 IPC. We have re-appreciated the entire evidence on record. We have also gone through the depositions of PW-1 and PW-2 who are the eye witnesses to the incident. Both of them have wholly supported the case of the prosecution. The depositions of PW-1 and PW-2 that the appellant caused the injury by shot of arrows as well as by axe has been corroborated by the medical evidence. Therefore, the prosecution has been successful in proving the case against the appellant also.

(3.) In view of facts and circumstances of the case, we see no reason to interfere with the impugned judgment and order passed by the High Court dismissing the appeal and confirming the order of conviction passed by the Trial Court. Under these circumstances as such, the appeal deserves to be dismissed.