BAPURAO KISANRAO JAMGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellants for quashing and setting aside a judgment and order passed by the Additional Sessions Judge, Pusad in Sessions Trial No. 18 of 1997 whereby the appellants have been held guilty and convicted for an offence punishable under section 306 r/w section 34 of the Indian Penal Code and each of the accused has been sentenced to suffer rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/-, in default to suffer further rigorous imprisonment of six month.

(2.) THE brief facts of the case as have emerged from the record are as under:

(3.) THE Sessions Court, to which the trial was committed, framed the charge under section 406 r/w section 34 of the Indian Penal Code and conducted the trial. In all four witnesses were examined amongst whom are P. W. 1 Vrushali, i. e. wife of the deceased who had lodged the F. I. R. , P. W. 2 is Kailash Anandrao Yeole, a panch witness of the spot panchanama, inquest panchanama and two seizure panchanamas, P. W. 3 Vinod Dattarao Patil who is formal witness and is a person who has testified to have seen the dead body of Prakash Patil lying near Samadhi and P. W. 4 N. D. Jadhav, the Investigating Officer in the case. Finally, after recording the statement under section 313 of Cri. P. C. and hearing the parties, the Additional Sessions Judge, Pusad proceeded to pass the impugned judgment and order.