SUBHASH AND ORS. Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the Judgment and order dated 27.3.2012 passed by the learned Additional Sessions Judge, Yavatmal in Sessions Trial No. 3/11, whereby convicting the appellants for the offence punishable under Sec. 302 r/w Sec. 34 of the Indian Penal Code and sentencing each them to suffer imprisonment for life and to pay a fine of Rs. 5000/ - each and in default to suffer simple imprisonment for six months, so also convicting the accused No. 2 Ravindra @ Vilas for the offence punishable under Sec. 325 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2000/ - and in default of payment of fine to suffer simple imprisonment for three months, the appellants/accused have approached this Court. The prosecution case, in brief, is as under:

(2.) Mr. R.M. Daga, the learned counsel for the appellants/accused submits that the evidence of the so -called eye witnesses viz. P.W. 2 Prakash, P.W. 3 Uttam and P.W. 5 Vikas is totally inconsistent with each other. He further submits that all the witnesses are interested witnesses and as such conviction on the basis of their testimony is not sustainable. The learned counsel, therefore, submits that the appeal deserves to be allowed and the accused be acquitted of the charges charged with.

(3.) As against this, the learned A.P.P. submits that merely because the witnesses are interested witnesses, cannot be a ground for discarding their testimony. He submits that in any case insofar as the material aspect is concerned, the evidence of all the three witnesses is consistent and as such no interference is warranted in the present appeal.