DILIP PREMNARAYAN TIWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This judgment will dispose of two appeals, they being Criminal Appeal No. 1026 of 2008, filed on behalf of the appellant accused Dilip Premnarayan Tiwari and Manoj Paswan, as also Criminal Appeal No. 1025 of 2008 filed by Sunil Ramashray Yadav. Their appeals against their convictions by the Sessions Judge have been dismissed by the Bombay High Court and the death sentence awarded to all the three accused has also been confirmed.

(2.) As many as five accused persons were tried by the Trial Court for offences under Section 302, 307, 452 read with Section 120B of the Indian Penal Code ('IPC' for short) and Section 34 and Section 120B, IPC (substantive). Eventually, original accused No. 4, Premnarayan Brijkishore Tiwari and accused No. 5 Tulsa Devi were acquitted by the Trial Court whereas the other three accused persons, namely, accused No. 1, Dilip Premnarayan Tiwari, accused No. 2, Sunil Ramashray Yadav and accused No. 3, Manoj Tulshi Paswan were convicted under different Sections for various offences including Section 302 read with Section 34, Section 307 read with Section 34, IPC and Section 452 read with Section 34 of the IPC. While they were awarded death sentence for the offence under Section 302, they were awarded 10 years' rigorous imprisonment with fine of Rs. 5,000/- each, and in default, to suffer 5 month's imprisonment each for offence under Section 307 read with Section 34, IPC and three year's rigorous imprisonment and to pay a fine of Rs. 1,000/- each, in default, to suffer one month's imprisonment.

(3.) Since it was a death sentence matter, reference was made to the High Court for the confirmation of the death sentence and the accused also filed appeals against their conviction and the punishment therefor before the High Court. The High Court has confirmed the death sentence while the appeals of the accused persons were dismissed. That is how these two appeals have come before us.