DILBAHADUR MANSING KHADAKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants i.e original accused No. 1 - Dilbahadur Mansing Khadaka and original accused No. 3 - Jaharsing Harising Badela have preferred Criminal Appeal No. 1082 of 2009 against the Judgment and Order dated 31.8.2009 passed by 2nd Ad -hoc Additional Sessions Judge, Greater Mumbai in Sessions Case No. 389 of 2007. Appellant i.e original accused No. 2 - Shankar Mahendra Gogati has preferred Criminal Appeal No. 355 of 2010 against the very same Judgment and Order. By the said judgment and order, the learned Session Judge convicted the appellants for the offence punishable under Section 302 r/w 34 of IPC and sentenced each of them to suffer imprisonment for life and jfoanz vkacsjdj 2 of 23 fine of Rs. 500/ - each, in default S.I. for one month.

(2.) The prosecution case briefly stated, is as under:

(3.) Charge came to be framed against the appellants under Section 302 r/w 34 of IPC. The appellants pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned jfoanz vkacsjdj 7 of 23 Sessions Judge convicted and sentenced the appellants as stated in paragraph 1 above, hence, this appeal preferred by the appellants against their conviction and sentence.