SOPAN PANDURANG PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants, for the offences punishable under Sections 326 read with section 149 & 148 of the Indian Penal Code and sentence of rigorous imprisonment for five years with fine of Rs. 2000/- or in default of payment of fine rigorous imprisonment for six months, and rigorous imprisonment for one year with fine of Rs. 500/- or in default rigorous imprisonment for three months, imposed upon each of the appellants, by the learned Sessions Judge, Raigad at Alibag on the conclusion of trial of Sessions Case No. 137 of 1992, before him. The facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge charged the appellants of offences under Sections 147, 148 and 307 read with section 149 of the Indian Penal Code. Since the appellants pleaded not guilty, they were put on trial at which the prosecution examined in all 10 witnesses in its attempt to bring home the guilt of the appellants. After considering the prosecution evidence in the light of defence of false implication, the learned Judge convicted and sentenced the appellants as aforementioned. Aggrieved thereby the appellants are before this Court.

(3.) I have heard learned counsel for the appellants and learned Additional Public Prosecutor for the State. With the help of both I have gone through the evidence on record.