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AVINASH G. GHAROTE
Shamrao – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
AVINASH G.GHAROTE, J. - The matter was heard and admitted on 21/7/2020. The R and P was called which was received as per the Farad-sheet entry dtd. 13/08/2020 and the matter was kept thereafter for hearing on the application for suspension of sentence, which came to be rejected by order dtd. 25/8/2020. The matter, when listed on 8/6/2022, the learned Counsel for the appellant expressed his readiness for final arguments, to which the learned Additional Public Prosecutor Shri Chutke, agreed, as a result of which, the matter has been finally heard.
2. Heard Mr. Lingayat, learned counsel for the appellant and Mr. Chutke, learned APP for the respondent/State.
3. Mr. Lingayat learned counsel for the appellant submits as under:
(i) Even if the appellant was found on the spot of the incident, however his conduct would indicate that at no point of time he was member of any unlawful assembly.
(ii) The village Karka of which the appellant is resident is situated approximately 1 to 2 kms, from the spot of incident. The appellant was found in the jungle with an axe which is a natural circumstance for villagers to be. This position has been admitted by PW-5 Subhash Wadhai (Ex.33 page 70)
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