VITTHAL Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant/Original Accused Nos. 1, 2, 3 and 6, who stand convicted for an offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentenced to imprisonment for life and to each pay fine of Rs. 5,000/- in default of which to undergo further R.I. for one year, by the 1st Ad-hoc Additional Sessions Judge, Sewree, Mumbai, by Judgment dated 5.10.2007, in Sessions Case No. 446 of 2004 and Sessions Case No. 106 of 2005, 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 Exhibit 3 framed charge against the accused for offence punishable under Section 302 r/w. 34 of the Indian Penal Code and offence punishable under Section 135 of the Bombay Police Act. During trial, Original Accused No. 8 Jagdish died and accordingly, the trial stood abated against him. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case examined 18 witnesses. The Trial Court, upon appreciation of the evidence, convicted and sentenced the Appellants as aforestated.

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