(1.) VIDE judgment and order dated 10th July, 1981 passed, by the Sessions Judge, Raigad, in Sessions Case Nos. 4 of 1981 and 44 of 1981 the appellants were convicted and sentenced in the manner stated hereinafter:-
(2.) ALONG with the appellants 12 other persons viz. 1) Savalaram Dama Mhatre, 2) Hari Bama Mhatre, 3) Ganpat Joma Mahtre, 4) Mahadeo Balaram Mhatre, 5) Joma Padu Gharat, 6) Padaji Chintu Thakur, 7) Tukaram Dama Mhatre, 8) Tukaram Dama Mhatre, 9) Hari Tukaram Mhatre, 10) Kashinath Tukaram Mhatre, 11) Namdeo Ragho Mhatre and 12) Ramakant Balkrishna Gharat, were also tried but they have been acquitted by the impugned Judgment.
(3.) THE prosecution case in brief as emerging from the recitals contained in the F. I. R. and the statements of the three eye-witnesses relied upon by the learned trial Judge viz. Ms. Vithabai Mahadeo Naik, Ms. Anandi Shanker Naik and Ms. Radhabai Sadashiv Khot (the 4th eye-witness Joma Datta Bhoir, P. W. 8 has been disbelieved by the trial Court), runs as follows: