SITARAM GOVIND PARDHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BEING aggrieved by the judgment and order of conviction passed on 31-3-2000 by the IV Additional Sessions Judge, Thane in Sessions Case No. 352/98 convicting the accused under section 302 of i. P. C. and sentencing them to suffer R. I. for life, the appellants have filed this appeal on the ground mentioned in the memo of appeal as also verbally canvassed by the learned Counsel appearing on behalf of the accused/appellant.

(2.) WITH the assistance of the learned Counsel for the defence and the learned Prosecutor we have scrutinised the evidence and have re-appreciated the evidence on record.

(3.) THE prosecution story as revealed by the re-appreciation of the evidence stated briefly is that there was quarrel between the accused and the victim, days prior to the date of incident. In the night of 31-1-1998 around 12 in the mid night, seven persons went to the house of the deceased and assaulted the deceased by pulling him out of the house. When the wife of the deceased tried to save she was also chased and killed. Their daughter Pappi was the eye witness to this. She therefore went to the police, lodged the f. I. R. on the basis of which investigation was taken up, the accused were arrested and prosecuted.