PADUJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WE propose to dispose of both these appeals by this common judgment as the appeals are arising out of the judgment and order passed by the Additional Sessions Judge, Akola in the Sessions Trial No. 204 of 1996 delivered on 31st December, 1997.

(2.) APPELLANT Paduji s/o Amruta Thombare (original accused No. 1) and the respondents Sitaram Waman Parkhe (original accused No. 2), Sau. Sunderabai w/o. Sitaram Parkhe (original accused No. 3), Balu Sitaram Parkhe (original accused No. 4) and Ranju @ Ranga Sada Thombare (original accused No. 5) were tried before the Additional Sessions Judge, Akola in Sessions Trial No. 204 of 1996 for the offences punishable u/ss. 147, 148, 307 and 302 r/w section 149 of the Indian Penal Code for committing murder of one Vithoba Bhagwan Shingare and for attempt to commit murder of Dadarao (P.W. 7). The learned Additional Sessions Judge, by his judgment and order dated 31st December, 1997, acquitted respondents Sitaram, Sunderabai, Balu and Ranga of the offences with which they were charged with and convicted the appellant Paduji of the offences u/ss. 302 and 324 of the Indian Penal Code and sentenced him to suffer impri -sonment for life and to pay fine of Rs. 2, 500/ - in default to suffer R.I. for six months and was sentenced to suffer R.I. for two years and to pay fine of Rs. 1,000/ - I/d. to undergo R/I, for three months respectively.

(3.) WHILE disposing of both the appeals on 6th March, 2003, we have said that the reasons would follow. We are stating the reasons as under: