SAYEED DABESTANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals arise out of a common judgment and order passed by learned Additional Sessions Judge, City Civil and Sessions Court, Greater Bombay, dated 18th August 2016 in Sessions Case No.676 of 2012 along with Sessions Case No.627 of 2013. Criminal Appeal No.610 of 2016 is preferred by Sayeed Dabestani @ Sayeed Irani @ Akbar Irani and Criminal Appeal No.662 of 2016 is preferred by Nitesh @ Chauda Krushnkumar Zha.

(2.) They have been convicted under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to life imprisonment and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand Only) and Rs.10,000/- (Rupees Ten Thousand Only) respectively, in default, to suffer rigorous imprisonment for 6 months and 2 months respectively. They were also given benefit of set-off under Section 428 of the Code of Criminal Procedure. As both these appeals arise out of the same judgment, we propose to decide these appeals by one judgment.

(3.) Briefly put, the facts may be summarized as follows :