ANAND ROOPCHAND GAJBHIYE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 31st May, 2003 in Sessions Case No.182 of 2000, whereby and whereunder accused no.1 Anand and accused no.4 Sandeep (Appellants in Appeal No.736/2003 and Respondents in Appeal No.1381/2003) came to be convicted for the offences punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 ("IPC") and sentenced to suffer rigorous imprisonment for fve years and pay fne of Rs.1,000/- each, with default stipulation, and the accused nos.2, 3 and 5 to 9 came to be acquitted of the offences punishable under Section 143, 147, 148, 149, 307 and 109 of the IPC.

(2.) The background facts leading to these appeals can be stated in brief as under:

(3.) Being aggrieved by the judgment of conviction and sentence Anand (A1) and Sandeep (A4) have preferred appeal, being Criminal Appeal No.736 of 2003. The State has also preferred an appeal being Criminal Appeal No.1381 of 2003 calling in question the legality and correctness of the order of acquittal of accused nos.2, 3 and 5 to 9. Being dissatisfed with the quantum of sentence imposed on accused nos.1 and 4 the State has also preferred an appeal for enhancement of sentence, being Appeal No.1382 of 2003.