KRISHANA ALIAS GOTYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant-orignial accused no.4-Mohd.Rais @ Kalya Pappu preferred Appeal No. 7 of 2008 and the appellants-original accused No.2-Krishna alias Gotya Bajrang Chikane and accused no.3-Sachin Bajrang Chikane have preferred Appeal No. 1331 of 2007. Through these appeals, all the appellants have challenged the judgment and order dated 21.11.2007 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No.242 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellants-original accused nos.2, 3 and 4 for the offence under Section 307 read with Section 34 of IPC and sentenced them to RI for five years and fine of Rs.1000/- in default RI for six months.

(2.) The prosecution case briefly stated is as under:

(3.) Charge came to be framed against the appellants and one other accused i.e. original accused no.1 under Section 307 read with Section 34 of IPC. All the appellants pleaded not guilty and claimed to be tried. Their defence is that of total denial and false implication. It may be stated here that the case of original accused no.1-Shahabuddin @ Babu Chaddi came to be posted on dormant file.