ARVIND ARJUN KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants herein take exception to the judgment and order passed by the Additional Sessions Judge, Islampur, thereby convicting the appellants/original accused nos. 1,2 and 5 for the offences punishable under section 302 read with 34 of Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 2000/- each, in default to suffer simple imprisonment for one month, in Sessions Case No. 36 of 2011, vide judgment and order dated 26th March 2014.

(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 17 witnesses to bring home the guilt of the accused. PW. 1-Sambhaji Yadav and PW. 2-Rajaram Patil, Panchas for the spot panchnama are declared hostile. PW.3 Sachin Mohite and PW.4-Munna Patel Panchas for the memorandum and recovery panchnama of weapons are also declared hostile. PW.5 Mohan Zirange and PW.6 - Amol Kamble panchas for seizure of clothes of the accused, are declared hostile by the prosecution. Similarly, PW.7-Nishikant Jadhav and PW.8-Ankush Kamble, the panchas for seizure of clothes of the deceased Sanjay and injured Sambhaji are also declared hostile.