KALYA @ VIJAY DEVIDAS INGOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are filed against one and the same Judgment and order dated 29th February, 2012 passed by the learned Additional Sessions Judge, Nashik in Sessions Case No.66 of 2011. Both these appeals were, therefore, heard together and are being disposed of by this common Judgment.

(2.) In the above-mentioned sessions case thirteen accused were tried for the offences punishable under Section 120-B, 143, 147, 148, 149, 302, 307, 504 and 506 of the Indian Penal Code and Section 135 of the Bombay Police Act. By the impugned Judgment the trial court out of the said thirteen accused, convicted the accused No.3 (Appellant in Criminal Appeal No.347 of 2012) for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and the accused No.4 (appellant in Criminal Appeal No.346 of 2012) for the offence punishable under Section 307 of the Indian Penal Code and sentenced him to suffer R.I. for 5 years. The trial Court acquitted rest of the accused.

(3.) The deceased Balu Gite was cousin of PW 10 Ravindra Gite. The deceased Balu Gite and PW 10 Ravindra Gite were on cross terms with accused No.1 Devidas Ingole (acquitted accused) on account of managing the affairs of the temple situated in their locality. Present accused Nos.3 and 4 are the sons of accused No.1.