P.V.HARDAS, A.S.GADKARI
Kamlakar Devidas Patil – Appellant
Versus
State of Maharashtra – Respondent
P.V. Hardas, J.
1. Appellants, namely, accused-Kamlakar Devidas Patil appellant in Criminal Appeal No.1227 of 2005, accused-Devidas Vasudev Patil appellant in Criminal Appeal No.1229 of 2005 and accused-Tarun Devidas Patil appellant in Criminal Appeal No.1087 of 2005 by this appeals challenge their conviction and sentence for offence punishable under Sections 302 read with 149, 147 and 148 of Indian Penal Code (IPC) and sentenced to imprisonment for life and to pay fine of Rs.5,000/- each, in default of which to undergo further RI for 3 months, by IV Additional Sessions Judge, Thane, by judgment dated 29.10.2005 in Sessions Case No.198 of 2004, Sessions Case No.461 of 2004 and Sessions Case No.332 of 2003 respectively.
2. Though these appeals have been rendered in 3 sessions cases, the said sessions cases pertain to the same incident, and since the evidence in all three sessions cases is common, these appeals are being decided by this common judgment.
3. The facts in brief, as are necessary for the decision of this appeal, may briefly be stated thus:
(i) PW-9 API Hitendrasingh Patil who was attached to Padgha police station in February 2003, carried out the investigation in re
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