RAMSHETYA AMRYA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellants were the accused nos.1 and 2 in Sessions Case No.167 of 2007. There were three more accused in the said case. The appellants and the other accused were prosecuted on the allegation of having committed offences punishable under section 395 IPC read with section 397 IPC, 342 IPC and section 25 of the Arms Act. The learned Addl.Sessions Judge, Palghar, after holding the trial, by a judgment and order dated 18 March 2009, convicted the appellants of offences punishable under section 395 IPC and 342 IPC, and sentenced them to suffer RI for 5(five) years each, and to pay a fine of Rs.2,000/with respect to the first mentioned offence, and to suffer RI for 1(one) year and to pay a fine of Rs.1,000/with respect to the other offence.

(2.) The learned Judge, however, held that the provisions of section 397 of the IPC were not attracted to the facts of the case, and that the offence punishable under the Arms Act was also not proved to have been committed. He therefore, passed an order of acquittal with respect to the said offence.

(3.) So far as the other accused were concerned, the learned Judge held that the case against them had not been proved, and acquitted them of all the offences.