PANDIT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellants, (Orig. Accused No.3 in Appeal No.83 of 2014, Orig. Accused No.2 in Appeal No.310 of 2014 and Orig. Accused No.1 in Appeal No.554 of 2014) by these separate Appeals have impugned Judgment and Order dtd. 6/9/2013 passed in Sessions Case No.157 of 2011 by the learned Additional Sessions Judge, Greater Mumbai, convicting them under Ss. 302 and 506 (II) read with Sec. 34 of the Indian Penal Code (for short, "IPC") and are sentenced to undergo imprisonment for life and to pay a fine of Rs.1,000.00 each, in default to undergo rigorous imprisonment for six months, for the offence punishable under Sec. 302 r/w Sec. 34 of the IPC and to undergo rigorous imprisonment for one year and to pay fine of Rs.500.00 each in default to undergo rigorous imprisonment for two months for the offence punishable under Sec. 506 (II) r/w Sec. 34 of the IPC. The trial Court has directed that, both the sentences shall run concurrently.

(2.) For the sake of brevity, the Appellants hereinafter will be referred to as per their original nomenclature before the trial Court i.e. Appellant in Appeal No.83 of 2014-Pandit @ Baban C. Bhutekar as accused No.3 (A-3); Appellant in Appeal No.310 of 2014-Vijay @ Bapu C. Bhutekar, as accused No.2 (A-2) and Appellant in Appeal No.554 of 2014-Arvind G. Lavte, as accused No.1 (A-1).

(3.) Heard Dr. Chaudhry learned Advocate for the Appellant in Appeal No.83 of 2014 and Interim Application No.1122 of 2022, Mr. Abhaykumar Apte, Appointed Advocate for the Appellant in Appeal No.554 of 2014 and Ms. Mulekar, learned APP for the Respondent-State. In pursuance of Order dtd. 19/1/2023, Advocate Arvind V. Bedekar was appointed by the High Court Legal Services Committee, Mumbai, to represent Appellant in Appeal No.310 of 2014. As none appeared for the Appellant (A-2) on the date of hearing, we requested Dr. Chaudhry, to also represent and espouse the cause of A-2. He gracefully acceded our request and argued the case of A-2 at length on merits.