PRAYAGSINHA BHARATSINHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THROUGH this appeal, the appellants challenge the judgment and order dated 19-3-1997 passed by the IInd Additional Sessions Judge, Thane, in Sessions Case No. 164 of 1995 whereby they have been convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each in default to suffer three months R. I. for the offence under Section 302 read with 34, IPC.

(2.) SHORTLY stated the prosecution case as mainly emerging from the recitals contained in the FIR lodged by the deceased Ramnarayan Singh is as under :-

(3.) THE evidence of Dinesh Sinha PW 3 shows that when on 5-12-1994 at 3 pm. he came to take lunch at his house, people were shouting. He noticed that Ramnarayan Sinha was lying on a cot in an injured condition. Consequently he, Anil Kumar Sinha PW 4 and Jaganarayan Pandey (not examined) took Ramnarayan Sinha in a rickshaw to Civil Hospital, Thane. 3-A. The evidence of Dr. Dilip Vaze PW 13 shows that on 5-12-1994 at 4. 15 pm. he was working as Chief Medical Officer, Civil Hospital, Thane. At that time, Ramnarayan Sinha came to be admitted at Male Surgical Ward.