AADINATH RAMBHAU GARJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard rival submissions on both the appeals which are being disposed of by this common judgment and order as both the appeals are arising out of the judgment and order of conviction of appellant/orig.accused No.1 in Criminal Appeal No.750 of 2005. Original accused No.1 (i.e. appellant in Criminal Appeal No.750/2005) was convicted for the offence punishable under Section 302 of IPC and was also convicted for the offence punishable under Section 307 of IPC. On each count, he was sentenced to suffer life imprisonment and fine of Rs.500/ in default SI for one month. Said judgment and order was passed by the 6 th Additional Sessions Judge, Pune vide order dated 5 th March, 2004 in Sessions Case No.157 of 2003.

(2.) By the said judgment and order, original accused No.2 one Satyabhama Jadhawar was acquitted of both the charges i.e. offence punishable under Section 302 of IPC and also punishable under Section 307 of IPC. Against the acquittal of said accused No.2, there is no appeal preferred by the State. The State has preferred Criminal Appeal No.1318 of 2004 for enhancement of punishment given to accused No.1 and as such challenged the impugned judgment and order dated 5 th March, 2004.

(3.) Original accused No.1 Aadhinath Garje filed Criminal Appeal No.750 of 2005 challenging the judgment and order of conviction. In view of all this factual position, both the appeals are taken up for hearing and disposed off by this common judgment and order.