LAWS(BOM)-2012-9-178

STATE OF MAHARASHTRA Vs. PURUSHOTTAM DASHRATH BORATE

Decided On September 25, 2012
STATE OF MAHARASHTRA Appellant
V/S
Purushottam Dashrath Borate Respondents

JUDGEMENT

(1.) CONFIRMATION Case No.1 of 2012 has been submitted to us by the Sessions Court in view of the provisions of section 366 of the Criminal Procedure Code.

(2.) THE Sessions Court was pleased to convict the accused under section 235(2) of the Cr.P.C. for the offence punishable under section 302 read with section 120 -B of the Indian Penal Code and both the accused were sentenced to death and to pay fine of Rs.5000/ - each on both counts and, in default, to undergo rigorous imprisonment for one year. A further direction was given that both be hanged by neck till they are dead. The Sessions Court was also pleased to convict accused Nos.1 and 2 for the offence punishable under 376(2) read with section 120 -B of the Indian Penal Code and both were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/ - each and, in default, to undergo rigorous imprisonment for one year. The accused Nos.1 and 2 were also further convicted for the offence punishable under section 364 read with section 120 -B of the Indian Penal Code and both were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5000/ - each and, in default, to undergo rigorous imprisonment for one year. Accused Nos.1 and 2 were further convicted for the offence punishable under section 400 read with section 120 -B of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for two years and, in default, to undergo rigorous imprisonment for three months. A further direction was given that the substantive sentences should run concurrently.

(3.) THE original accused Nos.1 and 2 have also filed Criminal Appeal No.632 of 2012 challenging the judgment and order passed by the Sessions Judge, Pune dated 20th March, 2012 whereby they were convicted and sentenced as referred to in para 2 above. Appellants/original accused shall be hereinafter referred to for the sake of convenience as accused Nos.1 and 2.