DEEPAK ANNARAYA METAKARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Appeal against conviction of the Appellants by the Trial Court. The learned Additional Sessions Judge, Pandharpur, District Solapur, by judgment and order dtd. 31/1/2021 has convicted Shri. Deepak Annaraya Metakari (originally Accused No. 1), Shri. Ramchandra Mhalappa Petaragi (originally Accused No. 3) and Smt. Kamalabai Siddhapa Kothe (originally Accused No. 4) of the offence punishable under Section 302 read with Sec.34 of the Indian Penal Code, 1860 (for short, "IPC"). The learned Additional Sessions Judge has sentenced the Appellants to suffer imprisonment for life, to pay a fine of Rs. 5,000.00 each and in default thereof, to undergo imprisonment for one year each.

(2.) We are informed by the learned Public Prosecutor across the bar that Shri. Birappa Jakraya Jakodari (originally Accused No. 2) has expired during the pendency of the trial. As such, the originally Accused Nos. 1, 3 and 4 are arrayed before us as Appellant Nos. 1, 2 and 3 respectively in the present appeal.

(3.) The Appellants have been convicted for the offence of murder for killing Shri. Siddhapa Dhondappa Kothe (hereinafter referred to as "the deceased") in furtherance of their common intention. Appellant No. 1 was acquainted with the deceased and used to cultivate the agricultural land of the deceased. Appellant No. 2 is a friend of Appellant No. 1. Appellant No. 3 was the wife of the deceased.