NISHANT NANDU KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant nos. 1 to 3 herein are convicted for the offence punishable under sec. 302 read with 34 of the Indian Penal Code and are sentenced to suffer for life and fine of Rs.2000.00 each, in default, rigorous imprisonment for six months and Appellant no.2 is further convicted for the offence punishable under sec. 341 of Indian Penal Code and simple imprisonment for one month by the Additional Sessions Judge, Kolhapur vide judgment and order dtd. 16/6/2016 in Sessions Case No. 46 of 2013. Hence, this appeal.

(2.) Such of the facts necessary for the decision of this appeal are as follows:-

(3.) The scene of offence is undisputed. The prosecution has placed reliance upon the evidence of PW.1-Tanaji Kamble who happens to be the maternal uncle of the deceased, PW.2-Sadashiv Hari Kamble the neighbour of the deceased, PW-8-Pradnya happens to be the daughter of the deceased. All three are eyewitnesses to the actual incident of assault by the accused upon Vishwas.