GANPATI AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants have approached this Court being aggrieved by the judgment and order passed by learned Sessions Judge, Gadchiroli in Sessions Case No. 43/2011 thereby convicting the appellants for the offence punishable under Section 452 read with 34 of the Indian Penal Code and sentencing them to suffer R.I. for 3 years and to pay fine of Rs. 250/ - each and in default of payment of fine, to further suffer S.I. for one month each and for Section 302 read with 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 1,000/ - each. The prosecution story as could be gathered from the material placed on record is thus: - -

(2.) THE learned trial Judge framed the charge for the offence punishable under Sections 452 and 302 read with 34 of the Indian Penal Code. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge acquitted the accused No. 3 and convicted the appellants/accused Nos. 1 and 2 as aforesaid. Being aggrieved thereby, the present appeal is filed.

(3.) THE learned APP on the contrary submits that merely because the witnesses are interested witnesses, cannot be a ground for discarding their testimony. It is submitted that the evidence of all the eyewitnesses is cogent, trustworthy and reliable and as such no interference is warranted with the findings of the learned trial Judge.