JAYAWANT CHIMANRAO KAPRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the appellants Jayawant Kapre, Balu alias Sudam Kapre and Trimbak Rambhau Kapre and the learned Additional Public Prosecutor for the respondents - State.

(2.) The Criminal Appeal is directed against the Judgment and Order dated 12th January 1989 passed by the Additional Sessions Judge, Pune, whereby the appellant Jayawant came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer R.I. for life. Accused Jayawant, Balu and Trimbak were convicted under Section 147, 148, 149, 247 and 325 and sentenced to suffer R.I. for five years and were also directed to pay a fine of Rs.1,000/- each, in default to suffer R.I. for six months. Accused Jayawant and Balu were also convicted along with other co-accused for the offence punishable under Section 147, 148, 149, 447 and 323 of the Indian Penal Code and were sentenced to suffer R.I. for six months and to pay a fine of Rs.1,000/- each, in default to suffer R.I. for three months.

(3.) In the instant case many accused were prosecuted, out of which accused No.1 Jayawant was convicted for the offence of murder and other 9 accused were convicted for different offences. All the 10 accused preferred the present appeal against the judgment and order passed by the trial court dated 12th January 1989. During the pendency of the appeal, this Court allowed criminal application No. 1364 of 2005 and permitted compounding of offence in so far appellant nos. 2, 3, 4, 6, 7, 8 and 9 are concerned and therefore criminal appeal to that extent stands disposed of. The present appeal now is only by the appellant no. 1 Jayawant, appellant no. 5 Balu and appellant no. 10 Trimbak.