SANJAY SAHEBRAO SAVANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants, original accused nos.1 and 2 have preferred this appeal, against the Judgment and Order dated 29th April, 2011, passed by the learned Ad hoc Additional Sessions Judge, Malshiras in Sessions Case No.34 of 2010. By the said Judgment and Order, the learned Sessions Judge, convicted both the appellants under Sections 302 and 323 r/w 34 of the Indian Penal Code. For the offence punishable under Sec. 302 r/w 34 of the Indian Penal Code (for short 'I.P.C'), both the appellants were sentenced to suffer rigorous imprisonment for life and fine of Rs.3,000.00 each, in default to suffer rigorous imprisonment for 1 year. For the offence punishable under Sec. 323 r/w 34 of the I.P.C, both the appellants were sentenced to suffer simple imprisonment for 1 year and fine of Rs 500.00 each, in default to suffer simple imprisonment for 1 month. The learned Sessions Judge directed that both the sentences of imprisonment shall run concurrently.

(2.) The prosecution case briefly stated, is as under:-

(3.) Charge came to be framed against both the appellants under Sections 302, 326, 323, 504 and 506 Part-II r/w 34 of I.P.C. The accused pleaded not guilty to the said charge and claimed to be tried. Their defence is that of total denial and false implication. In addition appellant no.2 had raised the defence of alibi.