ALI MEHBOOB SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the conviction of the appellants by the learned Additional Sessions Judge, Pune, for offences punishable under section 307 read with section 34 of the Penal Code and sentence of R.I. for 3 years with fine of Rs. 1,000/- imposed upon each of them by the learned Judge on conclusion of Sessions Case No. 212 of 1993 before him. The learned counsel appearing for the appellant nos. 1 and 3 stated that the appellant no. 2 - Suresh Shivram Naik died on 23rd May 2008 and has placed the death certificate on record. The death certificate is taken on record. The appellant no. 2 had expired on 23rd May 2008 during the pendency of the appeal. Therefore, appeal in so far as appellant no. 2 is concerned, abates.

(2.) Facts which are material for deciding this appeal are as under:-

(3.) The learned Additional Sessions Judge, Pune charged the appellants for offences punishable under section 307 read with 34 of the Penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined nine witnesses in its attempt to bring home the guilt of the appellants. After considering the prosecution evidence in the light of the defense of denial, the learned Judge convicted and sentenced the appellants as aforementioned.