SADASHIV MAHADEV GHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal impugns the correctness of the judgment and order of conviction and sentence both passed by the 3rd Additional Sessions Judge, Kolhapur on 30th October, 1996 in Sessions Case No.29 of 1993.

(2.) By the impugned judgment of conviction all the four Appellants were held guilty. They were convicted under section 326 read with section 34 IPC and directed to suffer R.I. for 3 years, fined Rs.3000/- each i.d. R.I. for 1 year. They were also held guilty under section 324 read with section 34 of IPC and directed to suffer R.I.for 1 year each, fined Rs.1000/- each i.d.R.I. For 3 months each. Both the substantive sentences to run concurrently.

(3.) However, by the same impugned judgment, all the four accused were acquitted of the charges under sections 302, 336, 337, 325 and 504 read with section 34 IPC and there is no challenge by the State to the said acquittal ordered in favour of these appellants. As such, it is not disputed that the scope of the hearing of this appeal is limited to the order of conviction and sentence under section 326 and 324 read with section 34 of IPC, as aforesaid, and the relevant findings recorded on point nos. 4 and 5 and reasonings given in para 15 of the impugned judgment.