UMESH TUKARAM PADWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 09.10.2013 of the High Court of Judicature at Bombay in Criminal Appeal No. 130 of 2006, confirming the judgment passed by the Additional Sessions Judge, Kalyan in Sessions Case No. 282 of 2002. The impugned judgment confirmed the conviction of Accused No. 1 for the offence punishable under Section 420 of the Indian Penal Code (for short "IPC") for cheating the deceased and the informant out of a sum of Rs. 45,000/-, and of Accused Nos. 1 and 2 for the offences punishable under Sections 364 and 302 read with Section 34, IPC, for abducting the deceased in order to murder him, and subsequently committing such murder, in furtherance of their common intention. Accused Nos. 1 and 2 are Appellant Nos. 1 and 2 herein.

(2.) The case of the prosecution in brief is as follows:

(3.) The Trial Court convicted Accused Nos. 1 and 2 and acquitted the other two accused. The judgment of the Trial Court was confirmed by the First Appellate Court. Since the acquittal of the other accused was not challenged, we make no reference to the allegations made and evidence adduced against them in the rest of the judgment.