PANDURANG PITHU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellants aggrieved by the judgment and order dated 17th November, 1990, passed by the I Additional Sessions Judge, Raigad-Alibag in Sessions Case No.195 of 1988, convicting and sentencing each of them to undergo 5 years R.I. and to pay a fine of Rs.2000/- each, in default of payment of fine to suffer 2 years R.I. for the offence under Section 304 (II) read with 34 I.P.C., have come up in appeal before me.

(2.) IN short, the prosecution case as contained in the F.I.R. lodged by Anjana Rama Shinde, P.W.4, the daughter of deceased Rama Vithu Shinde, is as under:

(3.) THE evidence shows that at about 3 p.m. on 6.12.87, Harnabai rushed to Wawoshi Police Out Post and gave information that the appellants had assaulted her husband. On the said information, the police came to village Budh Wada and on finding Rama Shinde in a gasping condition, told Harnabai to take him to Khalapur.