BHAUSING GULAB PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against conviction of the appellants by the learned Additional Sessions Judge, Malegaon, District - Nashik for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code and sentence of rigorous imprisonment for a period of seven years with a fine of Rs. 2,500/- or in default of payment of fine further rigorous imprisonment for a period of 18 months imposed upon the appellants on conclusion of trial of Sessions Case No. 108 of 2003 before him. Facts which are material for deciding this appeal are as under:-

(2.) The learned Additional Sessions Judge to whom the case was made over, charged the appellants for the offences punishable under Sections 307 and 506 read with Section 34 of the Indian Penal Code. Since the appellants pleaded not guilty, they were put on trial at which the prosecution examined in all ten witnesses in its attempt to bring home guilt of the appellants. The appellants took a defence that in fact, the appellants were also injured and had given a report in respect of the same incident on which the first informant and his family members were prosecuted. It is not in dispute that they have been acquitted in that case. It was stated that the appellants had not caused any injury to the victims and injuries suffered were due to fall. After considering the prosecution evidence, in the light of defence of false implications raised by the appellants, the learned trial Judge convicted and sentenced the appellants as aforementioned. Aggrieved thereby, the appellants are before this Court.

(3.) I have heard the learned counsel for the appellants and the learned Additional Public Prosecutor for the respondent - State. With the help of both the learned counsel I have gone through the evidence on record.