ANIL KALLAPPA PARSHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present appeal, the appellants/original accused nos. 1 and 2 at Sessions Case No. 73/2004 have assailed the judgment and order dated 23.08.2004 passed by the learned 5th Additional Sessions Judge, Sangli, convicting them for in furtherance of their common intention on 28th December, 2003 having committing murder of one Rakesh Annappa Vadar brother of first informant PW1 Dilip Vadar and sentencing each of them to undergo imprisonment for life and to pay a fine of Rs.1000/ and in default of payment of fine to suffer R.I. for two months.

(2.) The said prosecution has arisen out of the charge sheet submitted by PW10 P.S.I. Prakash Gaikwad of Police Station Vishrambag, Miraj, Dist. Sangli as a result of investigation of Crime No. 212/2003 registered upon first information report Exh.28 lodged by PW1 on 28th December, 2003 at 22.45 hours regarding murder of his brother Rakesh. At the conclusion of the investigation of the said crime PW10 had chargesheeted both the appellants and acquitted original accused No.3 Raju Vandeo Savant @ Vadar at trial and juvenile offender Shankar Shetti Vadar for said murder.

(3.) According to the prosecution, PW1 along with his wife, his deceased brother, his wife and their parents were residing at Sarvodaya Chowk, Vadar Colony, Sangli, while his elder brother Raju was residing separately. Both of them were carrying out the business of Centering material.