SANDIP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Criminal Appeal No.441 of 2016 is filed by original accused Nos.1 and 2 challenging their conviction for the offences under Sec. 302, 341 read with Sec. 34 of Indian Penal Code in Sessions Case No.255 of 2013 by learned Additional Sessions Judge, Jalgaon on 20/6/2016. Both of them have been convicted for the offence punishable under Sec. 302 read with Sec. 34 of Indian Penal Code and sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000.00 each, in default to suffer rigorous imprisonment for six months. Further, they have been convicted for the offence punishable under Sec. 341 read with Sec. 34 of Indian Penal Code and directed to pay fine of Rs.500.00 each only, in default, to suffer simple imprisonment for one month. Here, in this case, the present appellants were the only accused persons, who faced the said trial.

(2.) Criminal Appeal No.497 of 2016 is preferred under Sec. 377 of the Code of Criminal Procedure by the State for enhancement in the punishment for the offence punishable under Sec. 302, 341 read with Sec. 34 of Indian Penal Code.

(3.) Criminal Appeal No.469 of 2016 is filed by the original informant under Sec. 372 of the Code of Criminal Procedure and it is also for the enhancement of punishment. It is specifically stated that the sentence be modified from imprisonment for life to capital punishment and in respect of Sec. 341 of Indian Penal Code, it should be modified from only payment of fine to imprisonment for one month.