PARSHURAM NAGAPPA VITKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No. 891 of 2014 has been preferred by the appellant Parshuram Nagappa Vitkar - original accused No. 1 against the Judgment & Order dated 1.2.2014 passed by the learned Sessions Judge, Solpuar in Sessions Case No. 22 of 2013. Criminal Appeal No. 469 of 2016 has been preferred by the appellant Lalita Parshuram Vitkar - original accused No. 2 against the very same Judgment & Order. By the said Judgment & Order, the learned Sessions Judge convicted both the appellants under Section 302 r/w 34 of IPC for causing the death of one Chandrakant Kharade. For the said offence, each of the appellants were sentenced to suffer life imprisonment and pay fine of Rs. 5,000/- each, in default, rigorous imprisonment for six months.

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

(3.) Charge came to be framed against both the appellants -original accused Nos. 1 and 2 under Section 302 r/w 34 of IPC. The appellants pleaded not guilty to the said charge and claimed to be tried. Their defence was that of total denial and false implication. After going through the evidence adduced in this case, the learned Sessions Judge convicted and sentenced the appellants as stated in paragraph 1 above, hence, this appeal.