MANJUVIRANNA KANTAYYA RAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The State had prosecuted four accused persons for committing offence punishable under Sections 302, 307, 120(b), 34 of the Indian Penal Code r/w Sections 3(25)(b)(a) and 27 of the Arms Act respectively.

(2.) The accused were tried in Sessions Case No.178 of 2003 and Sessions Case No.214 of 2003. The trial Court convicted Original Accused No.2 Manju Viranna Kantayya Rai for an offence punishable under section 302, 120(b) of the Indian Penal Code and sentenced to undergo life imprisonment and to pay fine. He was also convicted for an offence punishable under Sections 3, 25, and 27 of the Indian Arms Act and sentenced to undergo R.I. For five years and to pay fine. Both the sentences were directed to be run concurrently. Original Accused No.4 Sunil Motiram Katke was convicted under Section 302 and 120(b) of the Indian Penal Code and sentenced to suffer life imprisonment and to pay fine.

(3.) The prosecution case in substance is as under :