NITIN SHAMRAO SAMUDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these three Appeals are decided by this common Judgment because they arise out of the same trial. For the sake of convenience, the Appellants are referred to by their original status as accused in the trial court.

(2.) Criminal Appeal No. 795 of 2013 is preferred by the accused No.1 Sandeep Kamble. Criminal Appeal No. 744 of 2013 is preferred by the Accused No.2 Nitin Samudre and Criminal Appeal No. 186 of 2013 is preferred by Accused No.3 Bharat Kamble and accused No.4 Vimal Kamble. Accused Nos.1 and 3 are brothers. Accused No.4 is their mother and accused No.2 is friend of accused No.1.

(3.) The Appellants have challenged the Judgment and order dtd. 27/12/2012 passed by the Additional Sessions Judge, Pune in Sessions Case No. 564 of 2010. By the impugned Judgment and order the accused Nos.1 and 2 were convicted for commission of the offence punishable under Sec. 364-A r/w. 34 of the Indian Penal Code, 1860 (for short 'IPC') and were sentenced to suffer imprisonment for life and to pay a fine of Rs.5000.00 each and in default of payment of fine to undergo S.I. for three years. Accused Nos.1 and 2 were convicted for commission of offence punishable under sec. 363 of IPC and were sentenced to suffer R.I. for 7 years and to pay a fine of Rs.5000.00 each and in default of payment of fine to undero S.I. for one and half years. Accused Nos.1 and 2 were convicted for commission of offence punishable under sec. 384 of IPC and were sentenced to suffer R.I. for three years and to pay a fine of Rs.1000.00 each and in default of payment of fine to undergo S.I. for six months. Accused Nos.1 and 2 were convicted for commission of offence punishable under sec. 120-B of IPC but no sentence was imposed on them under this sec. .