KRISHNARAO GANGRAO MASKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these appeals arise from the judgment and order dated 15.10.2012 passed by the learned Additional Sessions Judge, Hingoli, in Sessions Case No. 15 of 2008. In Sessions Case No. 15 of 2008 there were 11 accused persons and out of them accused Nos. 1, 4, 6, 7, 8, 9, 10 and 11 (total 8 accused) were convicted and accused nos. 2, 3 and 5 came to be acquitted. The State of Maharashtra has filed criminal appeal No. 179 of 2014 against the acquittal of accused Nos. 2 and 5.

(2.) The Division Bench of this court (Coram: A.V. Nirgude and A.I.S. Cheema, JJ.) heard the appeals. However, they were divided in opinion. The Hon'ble the Chief Justice in exercise of the powers under Section 392 of Cr.P.C. r.w. Rule 7 of Chapter I of Bombay High Court, Appellate Side Rules, 1960 has referred the matter to me as a third Judge.

(3.) Brief facts giving rise to the prosecution case are as follows:-