IBRAHIM SAMSHER PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and Order dated 3rd March, 2000 passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No.82 Of 1998, convicting the Appellants [original accused G.A.Ghule [P.A.] Nos. 1 and 2] for the offences punishable U/Section 436 read with 34 of the Indian Penal Code and consequent sentence to suffer rigorous imprisonment for three [3] years and to pay fine of Rs.500/- [Rs. Five Hundred Only] each and in default to suffer further rigorous imprisonment for six [6] months, the original accused have preferred present Criminal Appeal.

(2.) In short, the prosecution case is as under :-

(3.) During the trial, the accused admitted panchnama of spot of occurrence as well as rough sketch map Exh.No.18 before the learned Sessions Judge. Complainant - Rambhau and his daughter P.W. No.2 Sindhubai Pisal were examined before the court. Both of them deposed before the court that in the midnight, on the day of incident, when they woke-up due to the fire, they saw both the appellants / accused running away from the spot towards their own house.