SANJAY UTTAM SURYAVANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these appeals are arisen out of the judgment and order passed by the Additional Sessions Judge, Malegaon, District- Nasik, in Sessions Case No. 26 of 2009 dated 12th October 2011. Hence, both these appeals are taken together for hearing.

(2.) Original Accused No. 1 has preferred an appeal bearing No. 1470 of 2011. By the judgment and order passed in Sessions Case No. 26 of 2009, the Appellant (in 1470 of 2011) has been convicted of the offence punishable under Sections 302 of Indian Penal Code (for short "IPC ") and sentenced to sufer RI for life and to pay fne of Rs.1,000/- in default of payment, he was directed to undergo RI for two months. He along with Original Accused Nos. 2 to 4 have been also convicted of the offence punishable under Section 498(A) and sentenced to sufer RI for two years each and to pay fne of Rs. 500/- each, in default, all of them have been directed to undergo RI for one month. But Original Accused Nos. 2 to 4 did not prefer an appeal against the said conviction order. The Appellant and other co-accused have been acquitted for the offence punishable under Section 304(B) read with 34 of IPC, similarly Original Accused No. 5 was acquitted for the offence punishable under Sections 498(A), 302, 304(B) and 201 read with 34 of IPC. The State has preferred an appeal bearing No. 944 of 2012 and challenged the correctness of the above acquittal order passed by the Trial Court.

(3.) The facts, as are necessary for the decision of the appeal may briefly be stated thus: