BALU RAOSAHEB NAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an Appeal filed by the appellants (hereinafter referred to as accused nos. 1 and 2)seeking to quash and set aside a Judgment and order dated 21. 12. 1991 passed by the Sessions Judqe, Pune in Sessions Case No. 255/1991, whereby the trial court convicted accused no. 1 of an offence punishable under Section 302: and 326 of Indian Penal code and convicted accused no. 2 for the offence punishable under-Section 302. r/w 34 of Indian Penal code and Section 326 r/w 34 of Indian Penal Code. By the impugned Judgment and Order, accused no. 1 was sentenced to suffer imprisonment for life and pay fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for a period of 2 years, for the conviction under Section 302 of Indian Penal Code. For the offence punishable under Section 326, he was sentenced to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for one year. In so far as accused no. 2 was concerned, for the offence punishable under Section 302 r/w 34 of Indian Penal code, he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-, in default, to suffer rigorous imprisonment for 2 years. Accused no. 2 was also sentenced to suffer rigorous imprisonment for a period of 5 years and to pay fine of Rs. 1000/-, in default, to suffer rigorous imprisonment. for one year for the offence punishable under Section 326 r/w 34 of Indian Penal Code. All the substantive sentences of accused nos. 1 and 2 were directed to run concurrently and benefit of set off under Section 428 of the Criminal Procedure Code was given to them.

(2.) THE brief facts of the prosecution case were as under : -

(3.) AFTER the committal of the case, the court of sessions Pune framed the charge under Sections 302 r/w 34 and 307 or Section 307 r/w 34 of the Indian penal Code against the 3 accused.