DEEPAK MAGAN MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All the applicants are praying for their suspension of sentence imposed in Sessions Case No.25/2016 by learned Additional Sessions Judge, Amalner on 11.02.2020. They have been sentenced thus -

(2.) Heard learned Advocate Mr. A.B. Girase, Mrs. M.L. Sangeet and Mr. M.G. Kochar holding for Mr. B.R. Waramma for the respective appellants and learned APP Mr. B.V. Virdhe for the respondent/State.

(3.) In order to cut short it is stated that they have made submissions in support of their respective contentions to submit that the learned Additional Sessions Judge has not appreciated the evidence properly. It was pointed out that though almost all the prosecution witnesses are stating, that the alleged incident had taken place ranging from 11.25 a.m. to 15.00 p.m. (as each one of them has given different timing) yet the Medico Legal Certificate, which has been got proved by examining the Medical Officer, which shows that the police officers would examined in the Cottage Hospital, Chopda after 1.05 p.m., which cannot be prior to the incident or during incident. It is also submitted that the only interested witnesses i.e. police officers have been examined and the other alleged independent witnesses have not been examined, when the prosecution story itself is, that a truck was put to fire by the mob and the driver and cleaner of the truck were also assaulted.