NASIBKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These three appeals arise out of the judgment and order of conviction and consequent sentence, passed by the learned Additional Sessions Judge-1, Jalna, dated 6.3.2012, in Sessions Case No. 56 of 2011.

(2.) Criminal Appeal No. 225 of 2012 is filed by accused no.1 Nasibkha and accused no.2 Asifkha, since they are aggrieved by finding of guilt recorded against them by the learned trial court that they are responsible for committing an offence punishable under Section 304 Part II r/w 34 of the Indian Penal Code and the direction to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000/- each and in default to suffer simple imprisonment for six months.

(3.) The prosecution case lies in a narrow compass. The same can be narrated briefly as under :- PW 1 Kalekha is younger brother of deceased Sardarkha. He is having one step brother by name Shabbirkha. Accused nos. 1 to 4 are the sons of Shabbirkha. Thus, the first informant Kalekha, deceased Sardarkha and all the accused are related to each other.