LAWS(BOM)-2005-12-27

SHANKAR RAJLING RASKONDA Vs. STATE OF MAHARASHTRA

Decided On December 06, 2005
SHANKAR RAJLING RASKONDA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This matter was on board on21st November, 2005. Nobody appeared for the appellant on that date. We, therefore, heard the learned APP Mr. Shitole for the State and we orally declared our final order acquitting accused No. 2 and maintaining conviction of accused No. 1. Immediately, thereafter, Advocate Mr. K. S. Patil, appeared and he said that he had filed vakalatnama for accused No. 1, but his name was not shown on board, therefore, he could not remain present, but since he is present he should be heard in the matter. He contended that even though the order is declared by the court, it is not typed and no reasons are given. Therefore in the interest of justice, we heard Advocate Mr. Patil for the accused No. 1 and learned APP Mr. Shitole again.

(2.) Though this appeal is jointly filed by both the accused, this appeal challenges order of conviction of both the accused/appellants under Section 302 r/w. 34 of the Indian Penal Code passed by the Additional Sessions Judge, Greater Bombay by which they were sentenced to suffer imprisonment for life.

(3.) The prosecution has examined seven witnesses. THE defence of the accused was of total denial and after considering the case, the trial Court convicted both the accused as stated above. Hence this appeal.