SAMBHAJI GANAPATI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsels for the Appellants -Accused and the learned APP for the Respondents -State and Advocate supporting the Respondents -State.

(2.) Five accused were prosecuted and tried for offence under Section 302 r/w. 34, Sections 147, 148, 302 r/w 149 etc. Original Accused Nos. 3, 4 and 5 were acquitted and the present appellants -original accused Nos. 1 and 2 came to be convicted under Section 302 read with 34 of IPC, therefore, this appeal.

(3.) One Gorkha who was working as a weaver in handloom at Ichalkaranji, is the victim. He is alleged to have been killed by the appellants -accused. In the trial court, prosecution examined as many as 21 witnesses. All, excepting the Police officer witnesses, and, the three witnesses, to whom dying declaration was made by the deceased, turned hostile. The entire conviction of the appellants -accused is based on dying declarations. Apart from that, there is no incriminating circumstance against the appellants - accused in the form of recovery of weapon, recovery of blood stained clothes, or they are being seen at the scene of the offence, and this fact is conceded to by the learned APP.