SANJAY ASHOK POWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 29.3.2007 passed by the High Court of Bombay in Crl. A. No. 547 of 2003, by way of which it has modified the judgment and order of the Sessions Court, Kolhapur in Sessions Case No. 71 of 2002 dated 11.3.2003, by way of which the appellant stood convicted for the offences punishable under Sections 302 read with 34 and 364 of Indian Penal Code, 1860 (hereinafter referred to as 'the IPC') along with others, converting the conviction under Sections 304-II read with 34 Penal Code and awarded the sentence of 10 years. However, it has set aside the conviction and sentence under Sec. 364 IPC. The trial court had awarded the sentence under Sections 302 r/w 34 Penal Code to suffer life imprisonment along with a fine of Rs. 5,000.00 each, in default to suffer further RI for one year; and under Sec. 364 sentence for life imprisonment along with a fine of Rs. 5,000.00, in default to suffer RI for one year. Both the sentences for life imprisonment were directed to run concurrently.

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) We have heard Shri P. Vinay Kumar, learned counsel appearing on behalf of the appellant and Ms. Asha G. Nair, learned counsel appearing on behalf of the State. Both the courts below have considered all the aspects of the case in great detail. Learned counsel for the appellant has fairly conceded that the appellant was throughout in the company of Parshuram Kashinath Chavan (A.1), Sanjay Ashok Powar (A.2) and Ajay Janardhan Chavan (A.3) and they had taken the deceased in a Maruti car. He has further admitted that the deceased got injured and the accused persons got him admitted to the hospital. However, he has submitted that the appellant had not assigned any overt act whatsoever in the incident by the prosecution. The appeal deserves to be allowed.