(1.) This appeal has been filed by original accused No.1 Mohd. Hanif and accused No.2 Akbar Khan Khudabaksh against their conviction under Section 307 read with Section 34 of The Indian Penal Code, 1860 (IPC in brief). The judgment was passed by Additional Sessions Judge, Ahmednagar on 27.10.2005 in Sessions Case No.48/2007. They have been sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs.5000/ - and in default to suffer simple imprisonment for three months.
(2.) Being aggrieved, this appeal has been filed. The case of prosecution in short is as follows :
(3.) The prosecution examined 9 witnesses to prove its case. The trial Court considered the oral and documentary evidence and convicted the accused and sentenced them as mentioned above.