STATE OF MAHARASHTRA Vs. WARISKHAN KALEKHAN

JUDGEMENT

(1.) The present Appeals are directed against the judgment and order of sentence passed by Additional Sessions Judge, Achalpur Dist. Amravati in Sessions Trial No. 8/1996 dtd. 28/7/2004 convicting the accused No.1 Wariskhan of the offence punishable under Sec. 304-II of the Indian Penal Code (for short "IPC") and sentenced to suffer Rigorous imprisonment for 10 years and to pay fine of Rs.1000.00 in default to undergo simple imprisonment for one month and convicting the accused No.2 Majidkhan of the offence punishable under Sec. 323 of IPC and sentenced to suffer Rigorous imprisonment for 1 year and to pay fine of Rs.100.00 in default to undergo simple imprisonment for 7 days.

(2.) Brief facts of the prosecution case emerges from Police papers and record and evidence are as under:

(3.) Heard Mr. Navlani, learned Counsel for the accused, who submitted that the entire genesis of the crime is suppressed by the prosecution. The injuries on the person of the accused are not explained by the prosecution. The evidence of PW-14/Shankarsingh Investigating Officer shows that the accused persons have also sustained the injuries and were referred for medical examination. Neither their injury certificate is brought on record nor their injuries are explained by the prosecution. Therefore, the entire prosecution case becomes doubtful.