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1 Being aggrieved by the judgment and order passed by the learned Additional Sessions Judge of Baramati in Sessions Case No.23 of 1993 (State of Maharashtra vs. Dattu Rama Theurkar & Ors.), dated 30 th December, 1999, the two Appellants i.e. original accused No. 1 and 2, have preferred the present Appeal challenging their conviction under section 302, read with section 34 of the Indian Penal Code ("I.P.C". for short). The learned Additional Sessions Judge, Baramati, District Pune, convicted the present Appellants for the offences punishable under Sections 302 read with Section 34 of the IPC and sentenced them to suffer imprisonment for life and to pay fine of Rs.500/-, each, in default, to suffer rigorous imprisonment (R.I.) for two months. The learned Additional Ladda R.S. apeal-33-2000.doc Sessions Judge has also convicted the above Appellants for the offences punishable under section 323 read with Section 34 of the IPC and sentenced them to suffer R.I. for two months and to pay fine of Rs.200/-, each in default, to suffer R.I. for one month. The substantive sentences of accused / appellants were directed to be run concurrently. By the said judgment, the accused no.3- Kamal Dattu Theurkar came to be acquitted since no clinching evidence to rope the said accused was brought on record by the prosecution.

5 The offence under Section 302 of the I.P.C. being exclusively triable by the Court of Session, the learned J.M.F.C. Daund committed the case to the Court of Session at Baramati. The learned Trial Judge framed charge against the accused persons vide Exh. 16. The charge was read over and explained to the accused persons in vernacular language. The accused persons pleaded not guilty and claimed to be tried. The prosecution examined eight witnesses to prove the guilt of the accused persons. The accused persons have not examined any witness in defence. The learned trial Judge scrutinized the said evidence and came to the conclusion that the prosecution has established guilt of accused No.1 and 2. He therefore convicted and sentenced accused No.1 and 2 as mentioned earlier. However, learned trial Judge acquitted accused No.3 Kamal Dattu Theurkar as the prosecution failed to prove any offence against the said accused. Ladda R.S. apeal-33-2000.doc 6 The learned Additional Sessions Judge on careful scrutiny of the evidence and the material brought on behalf of the prosecution arrived at a conclusion that on the basis of evidence of prosecution witnesses No. 1,2 and 6, it is established that accused no.1 Dattu and accused No.2 Deepak had assaulted the deceased Bhimrao on his head by means of stick and axe and caused his death. As regards accused No.3, the learned Addl. Sessions Judge concluded that no reliable evidence has been brought on record by the prosecution to link her participation in the crime. Similarly, the Court below concluded that there is no reliable evidence that the other two juvenile offenders have attacked Bhimrao and on the basis of such conclusion the learned Additional Sessions Judge concluded that the charge of unlawful assembly fails but arrived at a conclusion that the prosecution has also established that accused No. 1 and 2 have caused hurt to PW 1 Ramchandra Shitole by means of stick and axe and they are guilty of an offence punishable under Section 324 of Ladda R.S. apeal-33-2000.doc IPC. Resultantly, the learned Additional Sessions Judge convicted accused No. 1 and 2 for the offence under Section 302 read with Section 34 and 323 read with Section 34 of the IPC and sentenced them to suffer imprisonment for life and to pay a fine of Rs.500/-, each, in default, to suffer RI for two months. It is this judgment of the learned Additional Sessions Judge which is assailed by the appellants in the present appeal.

Ladda R.S. apeal-33-2000.doc

20 Taking overall view of the case of the prosecution and the manner in which the prosecution has unfolded its case before the Trial Court, we have noted that the prosecution witnesses have spoken about the occurrence of the incident from its inception and their version have been found to be consistent, truthful and reliable despite minor discrepancies or variations on certain insignificant matters and not relevant on vital aspects and the said version of the prosecution witnesses inspires complete confidence. The prosecution with the aid of these witnesses has been able to prove its case beyond reasonable doubt and we do not find sufficient justification in assailing the said judgment and there is no legal and substantive ground raised by the learned counsel for the appellants which would prompt us to set aside conviction recorded by the trial Court. Neither analysis or sifting of evidence by the court below or its assessment would permit us to arrive at a conclusion to Ladda R.S. apeal-33-2000.doc conclude that inference of guilt recorded by the trial Court is erroneous. We do not find any infirmity or any error of law in the judgment of the trial Court when it is based on cogent and reliable evidence adduced by the prosecution. 21 In such circumstances, we affirm the judgment and order passed by the learned Additional Sessions Judge of Baramati in Sessions Case No. 23 of 1993 dated 30th December, 1999 which is based on the footing that the prosecution has proved its case by adducing sufficient evidence to the effect that it was accused No.1 and 2 who had caused death of deceased Bhimrao. Learned Additional Sessions Judge has rightly appreciated the evidence adduced on behalf of the prosecution and has rightly convicted accused No. 1 and 2 of the offence punishable under Section 302, 323 read with section 34 of the IPC. We do not find any infirmity or error in the judgment delivered by the learned Additional Sessions Judge. In the result, the appeal is dismissed. Ladda R.S. apeal-33-2000.doc 22 In view of the confirmation of the judgment and order of the learned Additional Sessions Judge, Baramati the bail bonds of the accused/appellant no.1 stand cancelled. Appellant No.1 is directed to surrender before the Court of Session at Baramati, District Pune within a period of 15 days from today.