LAWS(BOM)-2015-4-312

RAHUL AND ORS. Vs. THE STATE OF MAHARASHTRA

Decided On April 17, 2015
Rahul And Ors. Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) CRIMINAL Appeal No. 1332 of 2007 has been filed by Original Accused No. 2, while Criminal Appeal No. 83 of 2008 has been filed by Original Accused No. 1 as well as by Original Accused No. 2 challenging their conviction and sentence for offence punishable under Sections 302 read with 34, 364 read with 34 and 201 read with 34 of the Indian Penal Code and sentence of imprisonment for life and each accused to pay fine of Rs. 3000/ -, in default to undergo RI for three months, RI for two years and each accused to pay fine of Rs. 1000/ -, in default to undergo RI for three months and RI for one year and each accused to pay fine of Rs. 1000/ -, in default to undergo RI for three months, by the Ad -hoc Additional Sessions Judge -5, Pune, by judgment dated 2/11/2007, in Sessions Case No. 185 of 2005.

(2.) SINCE Original Accused No. 2 had earlier filed a substantive appeal i.e. Criminal Appeal No. 1332 of 2007, the name of Original Accused No. 2 was directed to be deleted from Criminal Appeal No. 83 of 2008. Thus, Criminal Appeal No. 1332 of 2007 had been filed by Original Accused No. 2, while Criminal Appeal No. 83 of 2008 has been filed by Original Accused No. 1. Since both these appeals arise against the same judgment of the trial court, they are being decided by this common judgment. Facts in brief as are necessary for the decision of these appeals may be stated: -

(3.) ON the case being committed to the Court of Sessions, trial court vide Exh. 2 framed charge against the accused for offence punishable under Sections 364 r/w 34, 302 simplicitor or 302 r/w 34 and 201 r/w 34 of the IPC. The accused denied their guilt and claimed to the tried. Prosecution, in support of its case, examined 11 witnesses. The defence of the accused was of denial. The trial court, upon appreciation of the evidence, convicted and sentenced the appellants/Original Accused Nos. 1 and 2 as afore -stated, while acquitting Original Accused No. 3 - Madan.