RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants/original accused no.1 Ramesh, original accused no.2 Arun, original accused no.3 Ganesh, who stand convicted for offence punishable under section 302 read with sec.34 of the Indian Penal Code and sentenced to imprisonment for life and to pay fine of Rs.1,000/- each, with a default condition of undergoing further R.I. for two months and original accused no.4 Vithal, who stands convicted for offence punishable under section 324 of the Indian Penal Code and sentenced to S.I. for two years and to pay fine of Rs.500/-, with a default condition of undergoing further S.I. for one month, by the 2nd Ad hoc Additional Sessions Judge, Jalna, by judgment dated 24.10.2005, in Sessions Case No.109 of 2004, by this appeal question the correctness of their conviction and sentence.

(2.) Such of the facts as are necessary for the decision of this appeal may briefly be stated thus :-

(3.) On committal of case to Court of Sessions, charge vide Exh.17 came to be framed against the present appellants and other four accused for offence punishable under section 147, 148, 302 read with sec.149 and 302 read with sec.34 of the Indian Penal Code. All the accused pleaded their innocence and claimed to be tried. Prosecution in support of its case examined 11 witnesses. Prosecution had examined P.W.1 Appasaheb, P.W.2 Pralhad, P.W.5 Sunder, P.W.6 Vithal and P.W.8 Vinayak as eye-witnesses to the incident. Trial Court accepted the evidence of the prosecution witnesses and convicted and sentenced the appellants as aforestated while acquitting original accused nos.5 to 8 for the offences with which they were charged. The present appellants also came to be acquitted of the offence punishable under section 147, 148 and 149 of the Indian Penal Code.