SARJERAO SHAHAJI KOKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the Appellant and the learned APP appearing on behalf of the Respondent - State in Criminal Appeal No.111 of 1991 so also the learned APP appearing on behalf of the Appellant State and the learned Counsel for the Respondents in Criminal Appeal No.353 of 1991.

(2.) Both these appeals can be disposed of by a common judgment since Criminal Appeal No.111 of 1991 is filed by original accused No.1 against the judgment & order of conviction passed by the Trial Court and Criminal Appeal No. 353 of 1991 is filed by the State against the judgment and order passed by the Trial Court acquitting original accused Nos. 2 to 4.

(3.) Appellant original accused No. 1 was convicted by the Trial Court for the offence punishable under section 302 of the Indian Penal Code and he was sentenced to suffer rigorous imprisonment for life and to pay fine of Rs 2000/- and, in default, to suffer simple imprisonment for one year and accused Nos. 2 to 4 were acquitted of the offence punishable under section 304 read with section 34 of the Indian Penal Code. For the sake of convenience, the Appellant in Criminal Appeal No.111 of 1991 and Respondent Nos. 2 to 4 in Criminal Appeal No.353 of 1991 shall be referred to as " original accused Nos. 1 to 4".