PRAVIN TUKARAM KUMBHAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who stands convicted for an offence punishable under Section 302 r/w. 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs. 200/- in default of which to undergo further imprisonment for 8 days, by the Additional Sessions Judge, Khed, by Judgment dated 16.10.2008, in Sessions Case No. 14 of 2006, by this Appeal questions the correctness of his conviction and sentence. Original Accused No. 2 has not preferred any appeal. Facts, as are necessary for the decision of this appeal, may briefly be stated thus:-

(2.) On the case being committed to the Court of Sessions, Trial Court vide Exhibit 5 framed charge against the accused for offence punishable under Sections 364 r/w. 34, 397 r/w. 34 and under Section 302 r/w. 34 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 of the prosecution, convicted and sentenced the appellant along with other accused as afore-stated, while acquitting them of the offence punishable under Sections 364 and 397 read with Section 34 of the IPC.

(3.) In order to effectively deal with the submissions advanced before us by the learned Counsel appointed for the Appellant and the learned APP, it would be useful to refer to the evidence of the prosecution witnesses.