BABAN ALIAS DIWAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against conviction of the two appellants for offence punishable under Section 307 read with Section 34 of the Penal Code and sentence of rigorous imprisonment for seven years and fine of Rs.1,000/- each or in default simple imprisonment for 3 months imposed upon them by the learned IInd Ad hoc Additional Sessions Judge, Achalpur in Sessions Trial 77 of 2003 before him.

(2.) Facts, which led to prosecution and conviction of the appellants, are as under :

(3.) Police performed panchanama of spot, seized blood stained earth from the spot, recorded statements of witnesses, sent articles seized to the Laboratory, collected medical certificates as also reports from the Laboratory, and on completion of investigation, filed chargesheet. Upon commitment of the case by the learned Judicial Magistrate First, Chandur Bazar, the appellants were charged of offence punishable under Sections 307 and 323 read with Section 34 of the Penal Code. Since they pleaded not guilty, they were put on trial, at which the prosecution examined nine witnesses to bring home guilt of the accused. The defence of the accused was that in fact he was beaten up and had lodged a report leading to filing of a counter case in which Nandu and his brother Kishore were the accused. After considering the evidence in light of defence taken, the learned Additional Sessions Judge acquitted the appellants of offence punishable under Section 323 read with Section 34 of the Penal Code (for allegedly causing hurt to Lilabai), but convicted them for offence punishable under Section 307 read with Section 34 of the Penal Code and sentenced them as indicated above. Aggrieved thereby, they have preferred this appeal.