PADMAKAR AND ORS. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CRIMINAL Appeal No. 459 of 1999 is filed by the original accused Nos. 2, 3, 4, 7, 8, 9 and 10, who are convicted for the offence punishable under Sections 147, 148, 302 r/w 149, 325 r/w 149, 324 r/w 149 of I.P.C. and under Section 135 of the Bombay Police Act.

(2.) THE brief facts of the prosecution case, are as under: -

(3.) THE learned counsel appearing for the appellant in Criminal Appeal No. 459/1999 submits that, the impugned judgment and order is based on wrong appreciation of facts and evidence on record. The impugned judgment and order is erroneous, against the settled principles of law and also contrary to the settled principles of appreciation of evidence on record, in a criminal case. The trial Court has committed an error in not analyzing and appreciating the case laws, cited by the defence, which has resulted in serious prejudice to the accused persons. The appellants - accused are prejudiced as the trial Court has not scanned and marshaled the prosecution evidence in its proper perspective. The findings on the issues framed by the trial court are not properly answered with a definite conclusion, so as to demonstrate the reasons for the conviction of the present appellants.