RAJU ALIAS DOCTOR VYANKATSWAMI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant, Somnath Subhash Godse, Rufas John Francis, Yogesh Nandu Yadav (Gavali) and Naresh @ Bunty Hari Sasane were tried in Sessions Case No.95 of 2001 by learned First Adhoc Sessions Judge, Nashik (hereinafter referred to as the learned trial Judge) for the offence punishable under Section 120-B, 364, r/w. 120-B in the alternative u/s. 364 r/w. Sec. 34. U/s. 387 r/w. Section 120/B in the alternative u/sec. 387 r/w. 34, U/s. 302 r/w. Section 120-B, in the alternative under Section 302 r/w. Section 34 , under Section 201 read with Section 120-B, in the alternative r/w. Section 34 of IPC.

(2.) The learned trial Judge by his Judgment and Order dated 30.8.2002 convicted the present appellant, Somanath, Rufas and Yogesh for having committed offences punishable under Section 302 r/w. Section 120B, in the alternative r/w. Section 34 of IPC and each of them was sentenced to suffer imprisonment for life. They were also convicted under Section 364 r/w. 120-B in the alternative r/w. under Section 34 of the I.P.C. and sentenced to suffer R.I. for a period of five years each and to pay a fine of Rs.5000/- each i.d. to suffer further R.I. for six months each. They were also convicted under Section 387 r/w. Section 120-B in the alternative r/w. Section 34 of the IPC and sentenced to suffer R.I. for a period of five years each and also pay fine Rs.5000/- each i.d. to suffer further R.I. for six months each. They were also convicted under section 201 r/w. Section 120-B in the alternative read with section 34 of the IPC and sentenced to suffer R.I. for two years, each.

(3.) The learned trial Judge did not impose separate sentence in respect of offence punishable under Section 120-B of I.P.C. though they were found guilty and convicted of the said offence. It was also ordered that substantive sentences imposed upon the appellant and co-accused would run concurrently. Orders regarding disposal of the property were also passsed. The learned trial Judge acquitted Naresh @ Bunty of all the chrages.