C. L. Pangarkar, J. - (1.) The accused appellants were prosecuted for having committed an offence under Section 302 read with Section 34 of Indian Penal Code. All three of them were convicted by the Sessions Judge, Washim and sentenced to imprisonment for life and fine of Rs.500/-.
(2.) A few facts may be narrated thus: On 8th October 2000 one Bablu Vasantrao Sarnaik went to police patil of village Mohaja and informed him that he saw an unknown person lying dead in his field where Soyabean has been sown. Upon this the police Patil Bhima Hivarale went to the field belonging to Sarnaik. He found one person lying dead in the said field. The said person was wearing a black colour fullpant and light blue colour shirt. The police patil informed the police station by his report Ex.56. Upon this Head Constable Shivshankar went to the field of Sarnaik. He saw the dead body, called pancha witnesses and prepared inquest panchanama. He also had drawn a panchanama of the spot. Dead body was sent for postmortem examination. After carrying out the postmortem examination the police registered an offence under section 302 of the Indian Penal Code. This incident of finding of the dead body occurred on 8th October 2000. It is alleged that the accused surrendered before the police at Akola. They were arrested and brought to Washim for investigation. During the course of the investigation, it is alleged that the accused persons made a statement which led to the discovery of the knife and a gupti at the instance of accused No.1 and 2. These weapons were seized by the police. Similarly the clothes on the person of the accused were also seized by the police. After the investigation was completed a charge sheet came to be filed against these three persons.
(3.) The learned Judge of the Sessions Court framed the charge and after recording the evidence came to the conclusion that the prosecution had brought home guilt to the accused and he, therefore, proceeded to convict each of the accused with the help of Section 34 under Section 302 of the Indian Penal Code and sentenced them to imprisonment for life and a fine.;