MANIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In these quintuplet appeals, the appellantsconvicts who stood the trial in Sessions Trial No.21 of 1996 before the Court of Additional Sessions Judge, Gondia for the charge of commission of offences punishable under Sec. 302 and/or various other offences under the Indian Penal Code, 1860 (for short 'IPC') are challenging the common judgment dtd. 12/7/2011 in Criminal Appeal Nos. 64, 65, 71, 76, 77 and 88 of 1997 whereby and whereunder their conviction and consequential sentences, handed down by the trial Court except under Sec. 201 read with Sec. 34, IPC, were confirmed by the High Court of Bombay, Nagpur Bench. For the sake of convenience appellants are referred to hereafter in this judgment in accordance with the order of their rank as accused before the trial Court. Criminal Appeal No.1614/2018 stood abated as the sole appellant who was the first accused and the sole appellant before the Additional Sessions Judge in Criminal Appeal No.64/1997, died on 6/3/2022 and hence, the rest of the appellants in the appeals are, at times, commonly referred to as 'appellant-convicts'. The appellant-convicts stood the trial for offences punishable under Ss. 302, 330, 331, 342, 343, 348, 354, 385, 387, 193, 201, 202, 203, and 218 read with Sec. 34, IPC, in connection with the death of one Shama @ Kaliya s/o Nanu Uke. Though accused No.8 (Sudhir s/o Rambhau Kayarkar) and accused No.9 (Ganesh s/o Raghuji Turkar) were acquitted of the twin offences charged against them under Ss. 201 and 202, IPC, read with Sec. 34, IPC, the respondent State did not file an appeal against their acquittal before the High Court.

(2.) For the sake of convenience, the offence(s) for which each one of the appellant-convicts (accused Nos. 2 to 7) was convicted and the sentence(s) imposed therefor, by the trial Court, can be enumerated as under: -

(3.) All the corporeal punishments of rigorous imprisonment imposed on the appellant-convicts were directed to be run concurrently. Default sentences were also ordered in respect of sentences for payment of fine.