DASHRATH GULAB KAIKADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, who have been convicted by the learned Sessions Judge, Wardha, for offences punishable under Section s 302 and 325 read with Section 34 of the Penal Code have preferred this appeal taking exception to their convictions and resultant sentences imposed upon them.

(2.) Facts, which led to the prosecution of the appellants, are as under :

(3.) The learned Sessions Judge charged the three accused, who were sent up for trial, of offences punishable under Section s 302 and 307 read with Section 34 of the Penal Code. All the three accused pleaded not guilty and hence were put on trial. THE prosecution examined in all 13 witnesses in its attempts to bring home the guilt of the accused. Upon consideration of the prosecution evidence in the light of defence raised, the learned Sessions Judge acquitted No. 2 Shrikrishna. He convicted the two appellants (arrayed as accused No. 1 and 3) of offences punishable under Section s 302 and 325 read with Section 34 of the Penal Code and sentenced them on the two counts to suffer imprisonment for life and R. I. for three years and to pay a fine of Rs. 500/- or in default, to undergo further SI for six months respectively. Aggrieved thereby, the convicts have appealed.