RIYAZ ABDUL TARKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD advocate for the appellant/original accused No.1 and learned A.P.P. for the respondents/State. This is an appeal filed by original accused No.1 against his conviction under section 304 Part 2 of the Indian Penal Code by which he was sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1000/- in default further rigorous imprisonment for six months. There were in all three accused and all were chargesheeted for the offence committed under section 302 read with Section 34 of the Indian Penal Code. All of them were acquitted under section 302 of the I.P.C. and only accused No.1 i.e. the present appellant is convicted as above.

(2.) THE victim in this case was one Rafiq Babu Attar who was alleged to have been assaulted by this accused No.1 on the instigation of Hajarabi Yusuf Pathan. The incident took place on 3.5.1997 at about 11.00 p.m. in Muslim Paccha Peth area of Solapur where the accused No.1 resides. P.W.

(3.) ONLY one question arises in this case and i.e. whether the judgment of conviction can be upheld and my findings is in the negative.