MANOJ AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeals take exception to the judgment and order passed by the learned Ad-hoc Additional Sessions Judge-3, Nagpur in Sessions Trial No. 555/2011 thereby convicting the appellants for the offence punishable under Section 302 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5,000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months; for offence punishable under Section 307 of the Indian Penal Code and sentencing them to suffer imprisonment for life and to pay fine of Rs. 2000/- each and in default of payment of fine, to further suffer rigorous imprisonment for six months and also convicting them for the offence punishable under Section 452 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for five years and to pay fine of Rs. 500/- each and in default of payment of fine to suffer rigorous imprisonment for three months. The prosecution story as could be gathered from the material placed on record is thus:-

(2.) The learned trial Judge framed the charges for the offences punishable under Sections 302, 307 and 452 read with 34 of the I.P.C. The accused pleaded not guilty and claimed to be tried. At the conclusion of the trial, the learned trial Judge convicted the appellants/accused as aforesaid. Being aggrieved thereby, the present appeal is filed.

(3.) Mr. Thakur, learned counsel appearing on behalf of the appellants submits that the learned trial Judge has grossly erred in convicting the appellants. The learned counsel submits that all the witnesses are interested witnesses. It is submitted that the evidence of the said witnesses is not reliable. The learned counsel, therefore, submits that the appeals need to be allowed and the appellants/accused are entitled to be acquitted.