LAWS(BOM)-2021-7-79

PRAVIN SHESHDHAR MISHRA Vs. STATE OF MAHARASHTRA

Decided On July 16, 2021
Pravin Sheshdhar Mishra Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Both these appeals are fled against one and same judgment and order dated 12.05.2016 passed by the Sessions Judge for Greater Bombay in Sessions Case No. 436 of 2011 Both these appeals were therefore, heard together and are being disposed of by this common judgment.

(2.) The appellant in Criminal Appeal No. 611 of 2016 and the appellant in Criminal Appeal No. 612 of 2016 were accused Nos.3 and 4 respectively before the trial court. The appellants with three more co-accused were tried for the ofences punishable under section 302 read with 120-B of the Indian Penal Code (for short IPC), section 3 read with 25 of the Arms Act and section 37 read with 135 of the Bombay Police Act.

(3.) By the impugned judgment and order the trial court convicted both the appellants for the ofence punishable under section 302 read with 34 of the IPC and sentenced them to sufer imprisonment for life and to pay fne of Rs.50,000/- each, in default, to sufer further Rigorous Imprisonment (R.I.) for six months. The appellants have been further convicted for the ofences punishable under section 3 read with 25(1-B) of the Arms Act and section 37 read with 135 of the Bombay Police Act and sentenced to sufer R.I. for one year and to pay fne of Rs.10,000/- each, in default to sufer further R.I. for one month. The trial court, however, acquitted the original accused Nos.1, 2 and 5 of all the charges.