ASHOK RAGHUNATH BAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. R.M.Daga, Adv. for the Appellants-accused and Mrs. K.S.Joshi, Additional Public Prosecutor for the Respondent-State.

(2.) This Criminal Appeal is directed against the judgment and order passed by the 2nd Ad-hoc Additional Sessions Judge, Gadchiroli, dt. 25.10.2002 in Sessions Case No.66 of 2000 whereby all the appellants were convicted for the offence punishable u/s. 302 r/w. Section 34 of the Indian Penal Code and were sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- in default to suffer further rigorous imprisonment for six months. The prosecution case, in the nutshell, is as follows :

(3.) Bhojraj (PW 1) thereafter went to Police Station Gadchiroli and lodged written complaint against the accused persons for committing murder of his grandfather deceased Eknath. On the basis thereof, Crime no. 95 of 2000 was registered for the offence punishable u/s. 302 r/w. Section 34 of the Indian Penal Code. The Investigating Officers, after completing formal investigation, filed charge sheet against the appellants in the Court of Chief Judicial Magistrate, Gadchiroli against the appellants for the offences punishable u/ss. 302 r/w. 34 of the Indian Penal Code, who has committed the case to the Court of Sessions for trial of the accused. Charge u/s. 302 r/w. 34 of the Indian Penal Code was framed against the appellants, to which all the appellants pleaded not guilty and claimed to be tried. Defence of the accused is of denial.