VISHWANATH AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) AGGRIEVED by the conviction for the offences punishable under section , of the Indian Penal Code, the appellants in Criminal Appeal no. 283 of 2011 as well as appellant in Criminal Appeal no. 305 of 2011 have preferred the present Appeals. Appellant (original accused no. 11) Pramod Saundankar in Criminal Appeal no. 260 of 2011 was convicted in the same trial for the offence punishable under section of the Indian Penal Code and sentenced to suffer R.I. for three years and to pay fine of Rs. 1000/ -. In all 10 accused were convicted for the offences punishable under section of the Indian Penal Code. Out of them, accused no. 10 Sk. Javed Sk. Maheboob did not prefer any Appeal. Thus, except him, all the accused convicted and sentenced for the offences as described above, are before this Court. The appellants would be termed as accused as arrayed before the learned Sessions Judge.

(2.) THE prosecution case in short is as under: -

(3.) THE learned Sessions Judge, however, believed the prosecution case on the ground that the complainant was apprehensive in the witness box. Further, his cross -examination would show that there was high level of increase in sugar, while he was deposing in the witness box. Therefore, his non -identification of the accused nos. 1 to 10 in the witness box, according to learned Sessions Judge, would not lead to disbelieve the prosecution case. Further, as regards the recovery evidence, the same was believed and, therefore all the accused came to be convicted.