YAKUBKHAN MAHAMANDKHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. M. R. Daga, learned Counsel for the appellants and Shri. Kothari, learned A. P. P. for Respondent State.

(2.) THIS is an appeal against conviction. On 30 08. 1996, the Additional Sessions Judge, Gadchiroli delivered judgment and order in which he found that the appellants are guilty of having committed offence punishable under section302, read with 34 I. P. C. and convicted and sentenced them to suffer life imprisonment and to pay fine of Rs. 500/- each, in default to undergo further rigorous imprisonment for three months, on a charge that in furtherance of their common intention they murdered Vithal Fakira Dahale, on16. 05. 1992 between 1000 hours to 1400 hours at mouza Ghot, Tahsil Chamorshi, District Gadchiroli.

(3.) THE prosecution examined in all 15 witness in support of their case, and most of them turned hostile including Sayeeda Begum, who has lodged report (Exh. 62 and 64) with the Police Station. THE trial court found that the prosecution has proved that the death of Vithal Dahale, was homicidal and that the appellants / accused in furtherance of their common intention have caused his death, and that is how the appellants / accused are convicted and sentence for committing offence under section302 read with 34 I. P. C.