AJAY PRABHAKAR MAINUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By filing above appeals, original accused Nos. 1 Ajay, accused No. 2 Avinash and accused No. 4 Harvindpal takes exception to the judgment of the 1st Ad-hoc Additional Sessions Judge, Nashik, dated 1st February, 2005 passed in Sessions Case No. 165 of 2003 thereby convicting above accused (hereinafter referred to as the appellants) for the offence punishable under Section 302 read with 34 of Indian Penal Code and are sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 2000/- each, in default to suffer R.I. for three months.

(2.) It is further case of prosecution that, on the night of incident, PW-11 Shaffiuddin Mouddin Sayyad attached to Nashik Road Police Station was on patrolling duty who at about 12.30 midnight was informed about the incident and of admission of injured in Bytco Hospital. Accordingly, he visited said hospital and learnt about death of injured Mangesh and Shivadayalsingh. Then inquest panchanamas on the dead bodies were carried out and were sent to Civil Hospital, Nashik, for postmortem. On the same night, appellants along with other co-accused persons, except one came to be arrested. The spot panchanama came to be drawn which was of the courtyard and corridor of Quarter No. E-160 of the complainant where from incriminating articles also came to be seized.

(3.) Charges were framed against appellants and other co accused to which they pleaded not guilty and claimed to be tried. The defence of the appellants is that of total denial and false implication.