SANJAY SADASHIV GIRIGOSAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein seek to challenge the judgment and order dated 19th October 2012 passed by the Additional Sessions Judge, Kolhapur in Sessions Case No. 21 of 2004. The appellants are original accused nos. 1 to 8 and 16. The original accused nos. 4, 6, 8 and 10 have died. The appellants are convicted for the offence punishable under sections 302, 307, 326, 324, 323, 147 and 148 read with 149 of Indian Penal Code and are sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 25,000/-(Rupees Twenty Five Thousand Only), in default of payment of fine, to undergo Simple Imprisonment for six months.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) At the trial the prosecution has examined as many as 20 witnesses to bring home the guilt of the accused. According to the prosecution, this is a case of direct evidence. PW.7- Yashwant, PW-8AAnil son of Ashok, PW.-9-Ashok, brother of Shivaji are injured eyewitnesses in the present case and therefore, implicit reliance is placed upon the evidence of PW.7, PW-8A and PW.9.