ANIL HANMANT BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved by the order of conviction recorded by the learned IInd Additional Sessions Judge in sessions Case No. 208 of 1998 on 26-03-1999 the appellants have preferred this appeal on the grounds mentioned in the memo of appeal as also canvassed before us.

(2.) The prosecution story stated briefly is that on 30-05-1998 the victim went to the field on instructing his wife P. W. 3 to bring some food to the field. Accordingly p. W. 3 went to the field where the accused were present and there was some altercation on the point of distribution of stolen gold and property. Then it is alleged that the accused persons assaulted the victim, who as a result of the assault died. Since it was night time the FIR was lodged on the next day. During investigation the accused persons were arrested and duly prosecuted. The prosecution has examined as many as five witnesses to prove its case and on appreciation of that evidence the learned trial judge came to the conclusion of guilt and sentenced the accused as aforesaid.

(3.) Immediately after the order of conviction was passed, Criminal Application no. 1815/00 was filed in this court claiming re-hearing of the trial on the ground that the accused persons were not given adequate opportunity to put their case before the court. The said application came to be disposed of on the ground that in view of the fact that conviction has already recorded, the proper remedy for the accused persons would be to agitate all these questions in an appeal. It is thereafter the present appeal has been filed.