A BA RAMA HANDAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against Judgment of conviction of the appellants/original accused Nos. 2 and 3 by the learned Additional Sessions Judge, Solapur for the offence punishable under Section 304(II) read with Section 34 of the Indian Penal Code and sentence of rigorous imprisonment for a period of five years with a fine of Rs. 500/- each or in default of payment of fine further rigorous imprisonment for a period of three months each imposed upon them for the said offence on the conclusion of trial of Sessions Case No. 173 of 1990 before the learned Judge. Facts which are material for deciding this appeal are as under:--

(2.) In course of investigation, police performed panchanama of the spot, seized incriminating articles from the spot, caused the dead bodies to be sent for postmortem examination after performing inquest panchanamas, arrested accused persons, recorded statements of witnesses, sent the incriminating articles to the Forensic Science Laboratory and on completion of investigation, sent charge sheet to the Court of Judicial Magistrate F.C., Karmala, District - Solapur, who committed the case to the Court of Sessions at Solapur.

(3.) The learned Additional Sessions Judge to whom the case was made over, charged the appellants and accused No. 1 Rama for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. Since they pleaded not guilty, they were put on trial at which the prosecution examined in all 20 witnesses in its attempt to bring home guilt of the appellants and the co-accused. After considering the prosecution evidence, in the light of defence of denial set up by the appellants and the co-accused Rama, the learned Additional Sessions Judge convicted and sentenced the appellants as aforementioned and acquitted the co-accused Rama. Aggrieved thereby, the appellants have preferred this appeal.