VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals are being disposed of by common Judgment since they arise out of the Judgment and order dated 20.10.2003 passed by the Sessions Judge, Akola in Sessions Trial No.28/2003. The appellant in Criminal Appeal No.759/2003 was the accused no.2, appellant in Criminal Appeal No. 82/2004 was the accused no.3 and appellant in Criminal Appeal No.429/2004 was the accused no.l in Sessions Trial No.28/2003. The appellants shall be hereinafter referred to as per their status before the trial Court.

(2.) By the impugned Judgment and order the accused 1 to 3 have been convicted for the offence punishable under Section 120(B) of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- each and in default of payment of fine to undergo rigorous imprisonment for the period of six months. All the three accused have been also convicted for the offence punishable under Section 364-A read with Section 34 of the Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs.500/- each and in default of payment of fine to undergo further rigorous imprisonment for the period of six months. They have been also convicted for the offences punishable under Sections 386 and 411 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for the period of five years and to pay a fine of Rs.3,000/- each and in default of payment of fine to undergo rigorous imprisonment for the period of three months. Accused 1 and 2 have been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and to suffer life imprisonment and to pay a fine of Rs.500/- each and in default of payment of fine to under rigorous imprisonment for six months. All the accused also have been convicted for the offence punishable under Section 201 read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for the period of two years and to pay a fine of Rs.3,000/- each and in default of payment of fine to undergo rigorous imprisonment for two months. All the sentences are ordered to run concurrently. Approver Pappu Rambhau Berad who was the original accused no.4 has been discharged.

(3.) Prosecution case, in brief, is as follows;