MANGESH PANDURANG BANDAGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants have questioned the correctness of Judgment and Order dtd. 17/9/2012 passed in Sessions Case No. 872 of 2011 by the learned Adhoc Additional Sessions Judge, Sewree, Mumbai, convicting them for an offence punishable under Sec. 302 read with 34 of the Indian Penal Code (for short, " I.P.C .") and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1,000.00 each, in default of payment of fine to further suffer simple imprisonment for one month. The Trial Court by the impugned Judgment and Order has acquitted Appellants for the offence punishable under Sec. 120-B of I.P.C..

(2.) For the sake of brevity, hereinafter the Appellants will be referred to as per their original nomenclature before the trial Court i.e. Appellant Mangesh (Appeal No.10 of 2014) will be referred as accused No.1 and Appellant Ganesh (Appeal No. 253 of 2014) will be referred as accused No.2.

(3.) Heard Mr.Saurabh Butala, learned counsel for accused No.1, Mr.Kuldeep Patil, learned counsel for accused No.2 and Mrs.G.P. Mulekar, learned A.P.P. for Respondent-State. Perused entire record and the written submissions filed by the learned counsel for Appellants.