RAVI SITARAM NAIDU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, Original Accused Nos. 1, 2, 3, 4, 5 and 6, who stand convicted for offence punishable under Sections 143, 147, 148 of the Indian Penal Code and sentenced to RI for three months. RI for one year, RI for two years, accused No. 1 convicted for offence punishable under Section 302 and sentenced to imprisonment for life and to pay a fine of Rs. 2000/-, in default of which to undergo further SI for three months and accused Nos. 2 to 6 convicted for offence punishable under Section 302 read with Section 149 of the IPC and sentenced to imprisonment for life and to each pay a fine of Rs. 2000/-, in default of which to undergo further SI for three months, by the IInd Ad-hoc Additional Sessions Judge, Kalyan, by judgment dated 20.11.2004 in Sessions Case No. 277 of 2002, by this appeal question the correctness of their conviction and sentence. Facts, 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. 16, framed charge against the accused for offence punishable under Sections 143, 147, 148, 302 read with Section 149 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 16 witnesses. The Trial Court, upon appreciation of the evidence, convicted and sentenced the appellants as afore-stated.

(3.) The entire prosecution case revolves around the testimony of PW 2 -Gaggu, PW 3 - Kishore and PW 16 - Jeetu, who are the eye witnesses to the incident. In order to effectively deal with the submissions advanced before us by Mr. V.T. Tulpule, the learned counsel for the appellants and the learned APP, it would be useful to refer to the evidence of the prosecution witnesses.