SURESH ATMARAM INDORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants/Accused Mangesh, Suresh and Homdeo in Sessions Trial No. 49/2012 have been convicted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and are sentenced to suffer imprisonment for life. Accused no.1 Mangesh, who was also charged with offence punishable under Section 3 read with Section 25 of the Arms Act, has been acquitted therefrom. This judgment dated 30.09.2013 delivered by the Sessions Judge, Washim has been challenged in Criminal Appeal No. 556/2013 by accused no.2 - Suresh; in Criminal Appeal No. 574/2013 by accused no.1 Mangesh and accused no.3 Homdeo. It appears that accused no.3 Homdeo has filed an independent appeal which came to be registered as Criminal Appeal No.234/2015 after condoning the delay. Thus, accused no. 3 is appellant in two matters before this Court.

(2.) We have heard Senior Counsel Shri Anil Mardikar with Shri N.R. Tekade, learned Counsel for accused no.1 Mangesh; Shri P.R. Agrawal, learned Counsel for accused no.2 - Suresh and Shri S.M. Puranik, learned Counsel (appointed) for accused no.3 Homdeo.

(3.) The conviction is based on circumstantial evidence and the learned Trial Court has placed much emphasis on the theory of last seen together and discovery of weapon 'gun' at the instance of accused no.1.