CHUDARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE two appellants-accused who have been convicted and sentenced for the offence punishable under section 307, I. P. C. read with section 34 I. P. C. along with another coaccused one Sudam have filed the instant appeals challenging their conviction and sentence as imposed by the learned Additional Sessions Judge, Bhandara, by his judgment and the order dated 31st December, 1993.

(2.) THE prosecution story was to the effect that the three accused are the real brothers and there was difference of opinion between them on one hand and their brother Shriram on the other hand over the distribution of their mothers ornaments in the morning on the day of the incident. On account of this difference of opinion and fight between them, it was further alleged that when the victim Shriram was passing from the road in the evening he was assaulted by these three accused and he got injured. The offence, therefore, under section 307, I. P. C. read with Section 34, I. P. C. was registered and as stated above ultimately they came to be convicted and sentenced for the offence punishable under section 307, IPC read with Section 34, I. P. C.

(3.) HEARD Shri Daga learned counsel for the applicants and the learned Additional Public Prosecutor for the respondent-State. Shri Daga frankly conceded that this was not the case for claiming clean acquittal of the appellants. The learned Additional Public Prosecutor brought to my notice the evidence on the record in general and rightly pointed out that the appellants have been rightly held to be involved in the incident in question in which the beating was given to the victim Shriram. Having heard both the learned counsel, there does not appear to be any scope for interfering with the finding recorded by the learned Additional Sessions Judge after appreciating the evidence in detail in so far as the findings relate to the involvement of the present appellants in the incident in question.