MADHUKAR VIJAY MALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both these Appeals are decided by this common judgment because they arise out of the same trial and in both these appeals the same judgment and order are impugned.

(2.) Criminal Appeal No.626/2017 is filed by the original accused No.1 Sanju @ Sanjay Suryawanshi and Criminal Appeal No.1030/2017 is preferred by the original accused No.2 Madhukar Mali. Both of them were tried in Sessions Case No.55/2013 by the Additional Sessions Judge, Niphad, District-Nashik.

(3.) Vide judgment and order dtd. 7/1/2017, both the Appellants were convicted for commission of the offences punishable under Ss. 302 and 324 of the Indian Penal Code read with Sec. 34 of IPC. For commission of the offence punishable under Sec. 302 of IPC, both of them were sentenced to suffer life imprisonment and to pay fine of Rs.1500.00 each; and in default to suffer further RI for six months. For commission of the offence punishable under Sec. 324 of IPC, both of them were sentenced to suffer RI for one year and to pay fine of Rs.500.00each; and in default to suffer SI for three months. The sentences were directed to run concurrently. The Appellants were acquitted for commission of the offence punishable under Sec. 201 read with 34 of IPC. They were given set-off under Sec. 428 of Cr.P.C. for the period undergone by them as under-trial prisoners during trial. In further discussion, both the Appellants are referred to by their original status as accused Nos.1 and 2 before the trial Court.