SHARAD RAGHUNATH HARMALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal by the appellants/original accused Nos. 1,2 and 4 against their conviction by the Additional Sessions Judge, Sawantwadi vide his judgment dated 29.9.1986. Accused No.1 Sharad was convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life. Accused Nos.1,2 and 4 were convicted under Section 201 read with section 34 of the Indian Penal Code and sentenced to suffer R.I. for five years and fine. There was one more accused i.e. accused No.3. She was acquitted of the offence under Section 302 of the I.P.C.

(2.) WE heard Smt.Agarwal, learned counsel appearing for the appellants/accused and Mr.Singhal, learned APP, appearing for the respondent/State.

(3.) THE case of the prosecution is that accused No.1 Sharad murdered her and further the accused, firstly buried her dead body and after some days excavated the same and burned it and threw ashes to destroy of evidence about existence of Kunda. It is in this background the accused were prosecuted and came to be convicted as above. Hence this appeal.