MACHIS TUKARAM PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused Nos. 1, 4 and 5, who stand convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- each, by the Ad hoc District Judge-1 and Additional Sessions Judge, Sangli, by judgment dated 13/02/2008 in Sessions Case No. 144 of 2007, by this appeal question the correctness of their conviction and sentence. Facts in brief, as are necessary for the decision of this Appeal, may briefly be stated thus:--

(2.) On committal of the case to Court of Sessions, trial Court vide Exh. 6 framed charge against the appellants and other accused for offence punishable under Sections 143, 147, 148, 149, 307 read with 149, 302 read with 149, 504 read with 149 and 506 read with 149 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 17 witnesses. The defence of the accused was of denial. The trial Court, upon appreciation of the evidence of the prosecution, acquitted all the accused for offence punishable under Sections 143, 147, 148, 149, 307, 504 and 506 of the I.P.C. The trial Court also acquitted original accused No. 3 and original accused No. 6 for offence punishable under Section 302 of the I.P.C. The trial Court, however, convicted the present appellants i.e. original accused No. 1, original accused No. 4 and original accused No. 5 for offence punishable under Section 302 of the I.P.C. as aforestated.

(3.) In order to effectively deal with the submissions advanced before us by the learned counsel for the appellants and the learned APP, it would be useful to refer to the evidence of the prosecution witnesses.