TUKARAM DASHRATH PADHEN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who stand convicted for an offence punishable under Sections 302 and 452 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1,000 (rupees one thousand only) by each of them, in default of which to undergo further S.I. for one month with no separate sentence for the offence punishable under Section 452 read with Section 34 of the Indian Penal Code, by the Additional Sessions Judge, Darwha; by judgment dated 4.7.2006, in Sessions Trial No. 265 of 2004, by this Appeal questions the correctness of their conviction and sentence.

(2.) Facts, in brief, as are necessary for the decision of this Appeal may, briefly, be stated thus:

(3.) On committal of the case to the Court of . Sessions. Trial Court vide Ex. 29 framed the charge against the accused for the offences punishable under Sections 452 and 302 read with Section 34 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution in support of its case examined 12 witnesses. The trial Court upon appreciation of the evidence of the prosecution convicted and sentenced the accused as afore stated: