ASIM JAMALODDIN MOMIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Appellants and the learned APP for the State.

(2.) The Appellant in Criminal Appeal No. 1074 of 2006 is the Original Accused No. 1. The Appellant in Criminal Appeal No. 1065 of 2006 is the Original Accused No. 2. The Appellants are challenging the judgment and order passed by the Ad-hoc District Judge No. 1 and Additional Sessions Judge, Solapur dated 30th September, 2006, who by his judgment and order was pleased to convict both the accused. The accused No. 1 has been convicted for the offence punishable under Sections 489A of the Indian Penal Code and sentenced to undergo R.I. for ten years and fine of Rs. 5,000/-and, in default, R.I. for one year. The Appellants -accused Nos. 1 and 2 have been convicted for the offence punishable under Section 489Bof the Indian Penal Code and sentenced them to undergo R.I. for five years and fine of Rs. 2,000/- and, in default, R.I. for six months. The accused Nos. 1 and 2 also have been convicted for the offence punishable under Section 489C of the IPC and sentenced to undergo R.I. for five years and fine of Rs. 2,000/- and, in default, to suffer R.I. for six months. The Accused No. 1 has also been convicted for the offence punishable under Section 489D of the Indian Penal Code and sentenced to suffer R.I. for five years and fine of Rs. 3,000/-and in default, to suffer R.I. for one year. The Appellant-Accused No. 1 also has been convicted for the offence punishable under Section 489E of the Indian Penal Code and sentenced to fine of Rs. 100/- and in default, R.I. for ten days. The accused Nos. 1 and 2 have been convicted for the offence punishable under Section 420 r/w. 34 of the Indian Penal Code and sentenced him to undergo R.I. for three years and fine of Rs. 1,000/- and in default, to suffer R.I. for six months. The substantive sentences were directed to run concurrently.

(3.) The Trial Court acquitted the Appellant Accused No. 2 in appeal No. 1065 of 2006 of the offences punishable under Sections 489A, 489D and 489E of the Indian Penal Code.