ASHISH BHARAT JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The aforesaid appeals are directed against the Judgment and Order dtd. 26/5/2014, passed by the learned Additional Sessions Judge, Pune in Sessions Case No.438 of 2008. By the said Judgment and Order, the appellants have been convicted and sentenced as under;

(2.) The prosecution case in brief, is as under :-

(3.) Learned counsel for the appellants Mr. Sarda and Mr. Vernekar, both, assailed the judgment and order of conviction and sentence. They submitted (i) that PW2 - Rakesh Tiwari, an alleged eye-witness cannot be treated as a reliable witness, having regard to the evidence that has come on record; (ii) that the prosecution had failed to prove the spot, where the alleged incident had taken place, making the prosecution case doubtful; (iii) that no medical certificate of PW6 - Ajit Godambe i.e. the injured eye-witness was produced by the prosecution to show that the allegation of assault on PW6 was believable; and (iv) that the recovery of clothes and sword at the instance of the appellant No.3 - Kapil was doubtful, considering that the discrepancy in the weapon used and weapon recovered and other discrepancies in the said evidence.