BAGWANLAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the conviction and sentence of the appellant awarded by the judgment and order dated 11.9.1998 by 2nd Additional Sessions Judge, Washim, for the offences punishable under Sections 286 and 304-A of Indian Penal Code in Sessions Trial No. 43 of 1996, has been assailed. Briefly stated, facts of the case are as under:

(2.) I have heard Shri Bramhe, learned counsel for the appellant and learned A.P.P. I have perused the case papers. At the outset, it must be stated here that as appellant No. 1 has died during the pendency of appeal, his appeal stands abated and the appeal of appellant No. 2 Narayan is heard on merits.

(3.) According to learned counsel for appellant No. 2, the evidence of prosecution in this case has been inconsistent as well as discrepant, thereby creating a serious doubt about the involvement of appellant No. 2 in the incident as alleged against him. The evidence of P.W. 1 Ravi Raghuvanshi-the complainant, P.W. 8 Rupesh s/o. deceased Dhirajsingh, an eye witness to the incident and P.W. 10 Surendra, nephew of deceased, is material in this regard and close examination of their evidence would show that the prosecution has failed to prove the offence punishable under Sections 286 and 304-A of Indian Penal Code against appellant No. 2 beyond reasonable doubt.