KISHAN SHIVALDAS JETHANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by the judgment and order dated 23-12-1981 passed in Sessions Case No. 149 of 1981 by the 5th Additional Sessions Judge, Thane convicting and sentencing them to undergo 7 years R. I. under section 307 read with 34 I. P. C. have come up in appeal before us. Since both these appeals arise out of a common incident they are being disposed off by a common judgment.

(2.) IN short the prosecution case runs as under :

(3.) THE F. I. R. of the incident was lodged by the bus conductor Bhaskar Govind Tambhe, P. W. 3 at 1. 15 a. m. at Hill Lines Police Station. A case under section 326/34 I. P. C. was registered against unknown persons on its basis.