JAMES SHEGAR NADAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/Original Accused No. 2 - James Shegar Nadar and Original Accused No. 4 - Gopal Nadaraj Nadar, who stand convicted for offence punishable under Ss. 449 r/w 34 and 302 r/w 34 of the Indian Penal Code and sentenced to RI for ten years and each accused to pay a fine of Rs. 5000/ -, in default of which to undergo further SI for one month and imprisonment for life and each accused to pay a fine of Rs. 5000/ -, in default of which to undergo further SI for one month, by the Additional Sessions Judge, Mumbai, by judgment dated 15/5/2009, in Sessions Case No. 849 of 2007, by these appeal challenge their conviction and sentence. Facts, as are necessary for the decision of this appeal, may be stated thus: - -

(2.) On the case being committed to the Court of Sessions, Trial Court vide Exh. 6 framed charge against the accused Nos. 1 to 4 for offence punishable under Ss. 449 r/w 34 and 302 r/w 34 of the IPC. The accused denied their guilt and claimed to be tried. Prosecution, in support of its case, examined 14 witnesses. The defence of the accused was of denial. The trial court upon appreciation of the evidence on record, convicted and sentenced the appellants as afore -stated, while acquitting Original Accused Nos. 1 and 3.

(3.) We have heard Mrs. Sonia Miskin, learned counsel appointed for appellant in Cri. Appeal No. 729 of 2009, Mr. Khajotia, learned counsel appearing for appellant in Cri. Appeal No. 582 of 2011 and the learned APP and in order to effectively deal with the submissions which have been advanced before us by the learned counsel for the parties, it would be useful to refer to the evidence of the prosecution witnesses.