DEEPAK MARUTI PARTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Criminal Appeal is preferred by the appellant-orig. accused No.l against his conviction for the offence punishable under Section 302 read with Section 34 of Indian Penal Code and for the offence punishable under Section 4/25 of the Arms Act.

(2.) Present appellant/accused No.l along with two other co-accused was tried by the learned Additional Sessions Judge, Pune in Sessions Case No. 172 of 2001. Finding the evidence of 21 prosecution witnesses worthy of acceptance and finding the supporting evidence by way of documents and recoveries against the present appellant, he was convicted for the offences charged, by impugned judgment and order dated 20.9.2003. Original accused Nos.2 & 3 were acquitted by the said impugned judgment and order finding the evidence deficient in order to establish the charges leveled against them.

(3.) Present appellant/accused No.l was sentenced to suffer rigorous imprisonment for life and fine of Rs.5,000/- for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. He was also sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 4/25 of the Arms Act. The substantive sentences of imprisonment were directed to run concurrently.