AJAY RAMCHANDRA KOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two separat e appeals are being taken together as they are filed by the two accused against the common judgment Both the accused were tried in Sessions Case No. 1473 of 1999 along with other two accused. The first accused, who has filed Appeal No. 898 of 2001 has been sentenced to life imprisonment and to pay fine of Rs. 5,000/- and in default he has to undergo further imprisonment for one year. The conviction is under Section 302 of the Indian Penal Code. The second accused, who has filed Appeal No. 882 of 2001, has been convicted under Section 120 (B) of the Indian Penal Code and is sentenced to suffer imprisonment for 7 years and to pay fine of Rs. 3,000/- and in default to undergo further imprisonment for six months.

(2.) We have heard the learned Counsel for the appellants in both the appeals as well as the Public Prosecutor. WE have also perused the record and evidence and also went through the judgment of the learned Sessions Judge.

(3.) Pw-1 is me only witness who could give details of the crime alleged against the accused and who was projected as an eyewitness and PW-6 who was a witness to recovery of the choppers at the alleged disclosure having been made by PW-9. PW-6 turned hostile and he stat ed in his stat ed that he signed the panchnama which had already been prepared in the police stat ion. He admitted signat ure on the panchnama, but submitted that he had not read it. He was also cat egorical that no stat ement of disclosure was made by the accused. This witness was. therefore declared hostile. But inspite of that he was not put to any cross-examinat ion by the Public Prosecutor.