STATE OF MAHARASHTRA Vs. DINESH

JUDGEMENT

(1.) These appeals by special leave are directed against the judgment and order dated 01.10.2010 passed by the High Court of Judicature at Bombay, Bench at Nagpur, in Criminal Appeal Nos. 130, 343 and 403 of 2004.

(2.) The prosecution has levelled allegations against two accused in these appeals. Accused No. 1 Ajay, was charged with the offence of committing murder of one Rakesh Dattaji Chavan while accused No. 2 (respondent herein) was charged for committing the offences punishable under Section 201 read with Section 34, IPC for allegedly destroying the evidence by cutting the corpse of the deceased Rakesh Dattaji Chavan into pieces and disposing them. The trial Court convicted and sentenced accused No. 2 respondent herein to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/-, in default, to further suffer rigorous imprisonment for a period of six months.

(3.) Having been aggrieved with the conviction and sentence, the respondent filed Criminal Appeal before the High Court which came to be allowed. As a matter of fact, two more criminal appeals were also filed before the High Court, one by the co-accused (accused No. 1) against his conviction and sentence and the other by the State seeking enhancement of sentence against the accused. By the judgment impugned herein, the High Court while dismissing the appeal of the State, allowed the appeals filed by the accused and acquitted them of the charges.