MIYA KHAN BHURE KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 15.7.2004 passed by the Additional Sessions Judge, Amravati, in Session Trial No. 15 of 2003, convicting the appellants/accused for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and sentencing them to imprisonment for life and pay fine of Rs.500/- each, in default to suffer rigorous imprisonment for six month, the present appeal came to be filed by the appellants

(2.) SUBMISSIONS :

(3.) Per contra, learned A.P.P. opposed the appeal and argued that the evidence of P.W.3 Parveen and P.W.6 Mohammad Khan clearly established the last seen theory brought forth by the prosecution through the evidence before the Court. He then argued that the evidence of P.W.4 Mirza Khan could not be rejected since he is the most natural witness and was knowing the accused persons as well as the deceased and was working as a guard in the field, i.e. a labourer. There is no reason why this witness would depose against the accused persons. Evidence of this witness inspires confidence and cannot be rejected. Thus, the prosecution has led ample evidence in the form of ocular testimony of the witnesses and last seen theory. In support of his submissions, learned A.P.P. relied on the following decisions -