GANGARAM RAMA GUNDKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPELLANT No. 1 Gangaram Rama Gundkar and appellant No. 2 Sou. Laxmibai w/o Gangaram Gundkar, who were the accused No. 1 and 2 respectively in Special N. D. P. S. Case No. 22/1993, were convicted and sentenced by the learned Special Judge, Buldhana. Accused No. 1 Gangaram was convicted of the offence under section 20 (b) (i) of N. D. P. S. Act and was sentenced to suffer R. I. for 4 years and to pay a fine of Rs. 2,000/- or in default to suffer R. I. for one year more. Accused No. 2 Smt. Laxmibai was convicted of the offence under section 29 of the N. D. P. S. Act and was sentenced to suffer S. I. for one year and to pay a fine of Rs. 500/- or in default to suffer S. I. for 3 months more. Both the accused preferred the instant appeal challenging the order of conviction and sentence passed against them as above. During the pendency of this appeal accused/appellant No. 1 Gangaram was reported to be dead. So the appeal against him stood abated and the order notifying the abatement was passed by this Court on 8-6-2001. Thus accused No. 1 Smt. Laxmibai is the only appellant in this criminal appeal.

(2.) THE case of the prosecution as is revealed from the evidence is as below:

(3.) THE charge of the offence under section 20 (b) (i) of N. D. P. S. Act was framed against accused No. 1 Gangaram and that under section 29 read with section 20 (b) (i) of N. D. P. S. Act was framed against accused No. 2 Laxmibai. The charge was explained to the accused persons and they pleaded not guilty. Their defence was of denial.