KAILAS BARKU SONAWANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal preferred by original accused Nos. 1 and 2 being aggrieved by the order of conviction and sentence passed by the learned Additional Sessions Judge, Amalner in Sessions Case No. 52 of 2004 decided on 25.07.2006, whereby appellant No.1 - Kailas is convicted of offence punishable under Section 302 of the I.P.C. and sentenced to suffer imprisonment for life and to pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for six months; and accused No. 2 Chotu is convicted of offence punishable under Section 324 of the I.P.C. and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs.500/-, in default, to undergo rigorous imprisonment for three months.

(2.) The facts giving rise to this appeal may be stated as below:-

(3.) The evidence against the appellants mainly consists of evidence of eye-witnesses. It is argued before us by Adv. Mrs. Jadhav that the case is clearly covered by right of private defence of body. The prosecution witnesses and the deceased were aggressors. They had caused injuries to the appellants and Lotan by going to their house and as such injured prosecution witnesses are facing counter case for committing offence under Section 325 of the I.P.C. and therefore both the appellants are entitled to acquittal.