SURESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R.N. Khare, learned counsel for the appellants and Mr. R.S. Nayak, learned Additional Public Prosecutor for the respondent/State. By the present appeal, the appellants are challenging the judgment and order passed by the learned Additional Sessions Judge, Wardhain Special Case No. 05/1995 on 08.10.2001, there by convicting both the appellants for the offence punishable under Sec. 308 of the Indian Penal Code.

(2.) Brief facts of the case are as follows:

(3.) The prosecution examined in all five witnesses. The defence of the appellants/accused was of total denial. The learned Additional Sessions Judge, Wardha, on an appreciation of the evidence, arrived at a conclusion that the prosecution though failed to prove the guilt of accused persons for the offences punishable under Sec. 307 of the I.P.C. and Sec. 3(1)(x) of the Atrocities Act and acquitted them, but found that the accused/appellants are guilty of the offence punishable under Sec. 308 r/w Sec. 34 of I.P.C. and accordingly, convicted them for the said offence.