ANAND TARACHAND CHINDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants herein are challenging their conviction and sentence recorded by Ad-hoc Additional District Judge, Yavatmal in Sessions Trial No.23/2006 by a judgment and order dated 30.6.2009. The charge under Sections 147, 148, 302 read with 149 of Indian Penal Code was framed against those persons in Sessions Trial No.23/2006. The original accused nos. 4 to 6 are acquitted for the offence punishable under Sections 302 read with 149 of I.P.C. The original accused nos. 1 to 3 are acquitted for offences punishable under Sections 147 and 148 of I.P.C. The original accused Nos. 1 to 3 (the present appellants) are convicted for the offence punishable under Section 302 read with Section 34 of I.P.C. and are sentenced to undergo imprisonment for life and to pay fine of Rs.500/- each in default further rigorous imprisonment for 6 months.

(2.) THE case of the prosecution is as follows:-

(3.) THE prosecution has examined Yogesh Rohane as an eyewitness. Discussion as regards testimony of PW6 is as follows:-