PRASHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri. Daga, learned counsel for the appellants and Shri. Mirza, learned Additional Public Prosecutor for the respondent.

(2.) Both the criminal appeals are preferred by the appellants against the judgment of conviction dated 23,7. 2002 passed by the additional Sessions Judge, Gondia in Sessions trial No. 75/2000. Both the appeals are heard together and disposed of by this common judgment.

(3.) Originally eight accused, i. e. accused no. l Ajay, no. 2 Prashant, no. 3 lalbahadur, no. 4 Yeshwant, no. 5 Pradip, no. 6 roshan, no. 7 Rajkumar and no. 8 Pushparaj were charge-sheeted for the offences punishable under Sections 302, 324, 506 read with Sections 147, 148 and 149 of Indian Penal code. All the accused were also prosecuted for the offence punishable under Section 201 of Indian Penal Code. However, trial Court vide impugned judgment convicted accused no. l ajay and accused no. 2 Prashant for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. Accused no. 2 prashant was also convicted for the offence punishable under Section 201 of Indian Penal code. The accused nos. 3 to 8 were acquitted for the offences punishable under Sections 302, 324, 506 and 201 read with Sections 147, 148 and 149 of Indian Penal Code. Since the State has not preferred appeal against order of acquittal, we are only required to consider whether the evidence adduced by the prosecution is adequate to bring home guilt of the appellants and prove the charges beyond all reasonable doubts.