NITIN YEDABA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal filed by the appellants, Nitin Yedaba Gaikwad, Prakash Yedaba Gaikwad, Yuvraj Yedaba Gaikwad, Pappu Yedaba Gaikwad, Dayanand Yedaba Gaikwad and Savitribai Yedaba Gaikwad (hereinafter referred to as accused nos.1,2,3,4,5 and 6 respectively) impugning the judgment and order passed by the II Additional Sessions Judge, Solapur on 31/1/2003 in Sessions Case No. 41 of 2002. By the impugned Judgment and Order all the accused are convicted for an offence punishable under Sections 147 of the IPC and on this count are sentenced to suffer RI for three months and to pay a fine of Rs.500/- each, in default to suffer SI for one month. All the accused are further convicted for an offence punishable under Sections 302 read with Section 149 of IPC and on this count are sentenced to suffer life imprisonment and to pay a fine of Rs.1000/- each, in default to suffer RI for one month. Accused No.1 Nitin is also convicted for an offence punishable under Section 148 of IPC and is sentenced to suffer RI for six months and to pay a fine of Rs.500/-, in default to suffer SI for one month. The accused were acquitted of the offence punishable under Section 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution case were as under:-

(3.) After the committal of the case to the Court of Sessions, a charge came to be framed by the trial court. In order to prove its charges, the prosecution examined in all four witnesses. P.W.1 Anna Ambadas Nagtilak and P.W.2 Arun Sathe were the two eye witnesses who had witnessed the incident. P.W.3 Popat Kalidas Kashid was examined as a panch to prove the recovery of clothes from the persons of the accused. P.W.4 API Kuber Dhondiba Chavare was examined as he was the I.O. The defence of the accused was of denial. No defence evidence was led. On perusal of the ocular and documentary evidence adduced by the prosecution on record, the trial court was pleased to convict and sentence the accused as aforesaid.