DEVIDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment since the challenge therein is to a judgment and order dtd. 15/10/2018, passed by Additional Sessions Judge, Jalgaon in Sessions Case No.92/2012. The appellants have been convicted for the offences punishable under Ss. 304 (Part-II), 143, 147 and 148 read with Sec. 149 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.1000.00 each, in default to undergo simple imprisonment for three months for the offence punishable under Sec. 304 Part-II of the Indian Penal Code; rigorous imprisonment for three years and to pay fine of Rs.5000.00 each, in default to suffer S.I. for one month for the offence punishable under Sec. 148 read with Sec. 149 of the Indian Penal Code; rigorous imprisonment for two years and fine of Rs.200.00 each, in default to suffer S.I. for 15 days for the offence punishable under Sec. 147 read with Sec. 149 of the Indian Penal Code; and rigorous imprisonment for six months and to pay fine of Rs.100.00 each, in default to suffer S.I. for 7 days for the offence punishable under Sec. 143 read with Sec. 149 of the Indian Penal Code. The substantive sentences of imprisonment have been directed to run concurrently.

(2.) The appellants were charged with the offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code. The trial Court acquitted the appellants of the offence punishable under Sec. 302 of the Indian Penal Code, holding it to be an offence punishable under Sec. 304 (Part-II) of the Indian Penal Code.

(3.) The facts giving rise to the present appeals are as follows :-