RAJU NABHA WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present three appeals can be conveniently disposed of by this common judgment since the appellants in these appeals are convicted by the learned 2nd Additional Sessions Judge, Washim, on 11.3.1999 in S.T. No. 39/96 for the offence punishable under Section 412 of Indian Penal Code.

(2.) These three appellants along with three others were charged by the learned 2nd Additional Sessions Judge, Washim, for the offence punishable under Section 395 of Indian Penal Code vide Ex.47. All the accused persons charged abjured their guilt and claimed for their trial. In all 12 witnesses were examined on behalf of prosecution. None of the accused including the present appellants were convicted by the trial Court for the offence punishable under Section 395 of Indian Penal Code. The present appellants were convicted for the offence punishable under Section 412 of Indian Penal Code and were sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default to suffer further rigorous imprisonment for three months. Remaining three accused were acquitted of the offence with which they were charged.

(3.) The prosecution case runs as under :