SAKHARAM PARVATI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Appeal challenges the legality of Judgment and Order dtd. 22/8/2013 passed by learned Sessions Court, Pune, in Sessions Case No. 96 of 2011 convicting Appellant Nos.1 to 4 (Original Accused Nos.1 to 4) under:-

(2.) Shorn of unnecessary details, the prosecution case which emerges from record is as under:-

(3.) According to prosecution, there are 3 eye witnesses to the actual incident of assault on Shivaji, viz; PW-2, PW-3, PW-4 whereas PW-9 saw Appellant Nos.1 and 2 alongwith two persons going towards the house of PW-3 and PW-10 has seen them exiting the said house with weapons in their hands. In so far as PW-1 is concerned he has seen Appellants exiting the house of PW-3 (spot of incident) after assaulting his elder brother Shivaji inside the house. He has also witnessed Appellants carrying weapons in their hands and confronted them, upon which Appellants injured him and left. PW-1 thereafter entered the house of Sitaram Gaikwad and saw Shivaji lying in a pool of blood.