LAWS(BOM)-2010-9-25

DURGAVATI RAMPARVESH SHARMA Vs. STATE OF MAHARASHTRA

Decided On September 08, 2010
DURGAVATI RAMPARVESH SHARMA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By the present judgment both these appeals are being disposed of as they are arising out of the same judgment and order dated 7th April, 2003.

(2.) Sessions Case No.146/2002 was heard and decided by the Adhoc Additional Sessions Judge, Kolhapur vide judgment and order dated 7th April, 2003. By the said order and judgment, original accused Nos.1 & 2 were acquitted of the charges framed against them for the offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code. Being aggrieved by such acquittal of accused Nos.1 & 2, present Criminal Appeal No.905/2003 was preferred by the State.

(3.) By the same judgment and order dated 7th April, 2003, original accused No.3, a woman by name Smt.Durgavati Sharma, was convicted of the offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer rigorous imprisonment for life. However, she was acquitted for the offence punishable under Section 201 of Indian Penal Code. Being aggrieved by such conviction, accused No.3 preferred Criminal Appeal No.582/2003. As such, both the present appeals are being disposed of by this common judgment.