ANIL KESHAV MAHADIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE two appeals have been filed through jail by the appellants who were convicted for having committed offence under section 302 read with section 34 of the Indian Penal Code ("I.P.C." for short) and sentenced to R.I. for life by judgment and order dated 25th April, 1994 by the IInd Additional Sessions Judge, Raigad-Alibag in Sessions Case No.104 of 1993.

(2.) IN the above sessions case both the accused were charged for the murder of one Rammilan Brijmohan Chauvan with a knife on Shivaji Road at Mahad in District Raigad on 7th February, 1993 at about 7:30 p.m. The prosecution case, briefly stated, is as follows :

(3.) AS the accused pleaded not guilty, prosecution examined eleven witnesses including the complainant PW-2 Pralhad, two eye-witnesses being PW-3 Aurangjeb and PW-4 Naseem, cousin of accused No.1 PW-5 Jaishri Charlia and his maternal uncle PW-6 Dharma Shriwardhankar and proved discovery of clothes and the knife hidden by the accused as stated above. The Medical Officer Dr.Burphe, who performed the post-mortem was examined as PW-7. The Executive Magistrate, Mahad who conducted the T.I. parade has been examined as PW-8, the owner of the bakery i.e. where the two eye-witnesses worked was examined as PW-9 being Masooq Chowdhari. PW-1 Circle Inspector prepared the map of the scene of offence. PW-10 is the panch and PW-11 PSI Deokar is the investigating officer. The defence of the accused was of total denial. According to them, the deceased used to often have altercations with people regarding weight and prices of the articles and that they are falsely implicated. On the basis of the evidence led by the prosecution, both the accused were convicted and sentenced to life imprisonment under section 302 read with section 34 of I.P.C. It is this order of conviction and sentence which is challenged in these two appeals.