NIRANJAN JANARDHAN BHAISARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, the appellants question legality and validity of judgment and order dated 23-5-2003 passed by 4th Ad-hoc additional Sessions Judge, Chandrapur in Sessions Case No. 113 of 2002 convicting the appellants for offence of murdering Ashok Nilkanth Sorde, resident of Azad Ward, Chimur in furtherance of their common intention. Both the appellants were sentenced to suffer imprisonment for life and to pay a fine in the sum of Rs. 1000/- each, in default, to suffer rigorous imprisonment for six months.

(2.) Brief facts which led to prosecution of the appellants are as follows : deceased Ashok Sorde was residing with his elder brother Akash Sorde at azad Ward, Chimur. Appellants were their neighbourers. Prosecution is that appellant No. 2 Bebi had appeared as witness in a partition suit pending between deceased Ashok, Akash (PW8) on one hand and their paternal uncle Waman sorde on the other.

(3.) The trial Court framed charge (exhibit 10) to which appellants pleaded not guilty and claimed trial.