LAWS(BOM)-2002-1-53

SAHEBRAO DHONDIBA PATKAR Vs. STATE OF MAHARASHTRA

Decided On January 22, 2002
SAHEBRAO DHONDIBA PATKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THESE three Appeals arise from the common judgment and order dated 19th August 1996 delivered by the learned IInd Additional sessions Judge, Ahmednagar, in Sessions Case No. 411 of 1996, whereby the two accused were convicted, inter alia, for offence of murder under section 302 of the Indian Penal Code. Criminal Appeal No. 456 of 1996 is filed by the appellant/ original accused No. 2, challenging the judgment and order of conviction and sentence recorded against her for various offences under the provi-sions of the Indian Penal Code and the Indian Arms Act. Criminal Appeal No. 533 of 1996 has been filed by the Appellant, original accused No. 1. impugning the order of convirtion and sentence recorded against him under the provisions of the Indian Penal Code. Crininal Appeal No. 559 of 1996 has been filed by the State for enhancement of sentence against both the accused for offence under section 307 of the Indian Penal Code. The last appeal does not appear to have been admitted and the only order passed in the said Appeal on 6th december 1996 is as follows : "no orders necessary" however, the said appeal is tagged along with the Appeals filed by the accused against the order of conviction and is on today's Board.

(2.) SINCE the above Appeals arise from the judgment and order delivered by the sessions Court on 19th August 1996 in Sessions Case No. 411 of 1996, these appeals were heard together and are being disposed of by this common Judgment.

(3.) THE facts giving rise to the present Appeals are as follows.