(1.) THIS is an appeal preferred by original Accused Nos. 1 and 2 against the judgment and order dated 12th April, 2012, passed by learned Additional Sessions Judge, Latur, in Sessions Case No. 88 of 2011. By the said judgment and order, learned Additional Sessions Judge convicted Appellants for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced each of them to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000/ -, in default, to suffer further rigorous imprisonment for six months. Accused Nos. 3 to 6 were however, acquitted of the offence punishable under Section 302 read with 34 of the Indian Penal Code.
(2.) FOR the sake of convenience, we shall refer Appellants in their original status as Accused as they were referred before the Trial Court. Prosecution case briefly stated is as under:
(3.) CHARGE came to be framed against Accused at Exhibit 24. They pleaded not guilty to the charge and claimed to be tried. Their defence was of total denial and false implication. It was submitted by Accused that at the relevant time Latesh had consumed liquor, he fell down from motorcycle and sustained injuries to his head. It is further submitted that complainant and witnesses have falsely involved them in collusion with Police.