LAWS(SC)-2004-7-44

DILIP Vs. STATE OF MAHARASHTRA

Decided On July 29, 2004
DILIP Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant and six other accused persons were tried and by judgment rendered by the trial court, other six persons were acquitted of all the charges whereas the appellant was convicted under S. 302 as well as Sections 302/149 and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000. 00, in default, to undergo imprisonment for a period of two years. He was further convicted under S. 147 and S. 148 of the Penal Code and sentenced to undergo rigorous imprisonment for a period of six months and one year respectively. All the sentences were, however, ordered to run concurrently.

(3.) The appellant preferred an appeal against his convictions whereas the State preferred an appeal against the acquittal of accused Dinesh and no appeal challenging the order of acquittal of other accused persons was preferred in the High Court. The High Court of Bombay upheld convictions of the appellant as well as acquittal of accused Dinesh. Hence this appeal by special leave by the appellant challenging the judgment of the High Court whereby his convictions have been upheld.