MARLING BARNAPPA SAIBANNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, Original Accused Nos. 1, 2, 4, 5, 6, 7 and 8, who stands convicted for offence punishable under section 302 read with section 120-B and sentenced to imprisonment for life with no separate sentence being awarded for offence punishable under section 120-B of the Indian Penal Code and accused nos.4 and 4, who, in addition, stand convicted for offence punishable under section 427 read with section 34 of the Indian Penal Code and sentenced to each pay fine of Rs. 5000/- in default to undergo RI for one year, by the 1st Ad hoc Additional Sessions Judge, Sewree, Bombay, by judgment dated 17-11-2005, in Sessions Case No. 223 of 2003, by these appeals question the correctness of their conviction and sentence.

(2.) Facts in brief as are necessary for the decision of these appeals may briefly be stated thus :-

(3.) On committal of the case to Court of Sessions, trial court vide Exh. 7 framed charge against the accused for offence punishable under sections 120-B, 302 read with section 120-B, 427 read with section 120-B and against accused nos. 4 and 5 for offence punishable under sections 201, 109 of the Indian Penal Code and under the Arms Act. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 26 witnesses. The defence of the accused was of denial. The trial court, upon appreciation of the evidence, convicted and sentenced the appellants as afore-stated.